[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3967 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3967

 To encourage investment in and innovation by small business concerns, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2010

  Ms. Landrieu (for herself and Mr. Cardin) introduced the following 
   bill; which was read twice and referred to the Committee on Small 
                     Business and Entrepreneurship

_______________________________________________________________________

                                 A BILL


 
 To encourage investment in and innovation by small business concerns, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Investment and 
Innovation Act of 2010''.

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. Findings.
Sec. 4. Definitions.
    TITLE I--EXPANDING ACCESS TO TECHNOLOGY AND SPURRING INNOVATION

Sec. 101. Broadband and emerging information technology coordinator.
Sec. 102. Entrepreneurial development assistance by small business 
                            development centers.
Sec. 103. Capital access.
Sec. 104. Rural small business technology pilot program.
Sec. 105. Report to Congress.
             TITLE II--COUNSELING AND TECHNICAL ASSISTANCE

                           Subtitle A--SCORE

Sec. 221. SCORE Reauthorization.
         Subtitle B--Women's Small Business Ownership Programs

Sec. 241. Office of Women's Business Ownership.
Sec. 242. Women's Business Center Program.
Sec. 243. National Women's Business Council.
Sec. 244. Interagency Committee on Women's Business Enterprise.
Sec. 245. Preserving the independence of the National Women's Business 
                            Council.
Sec. 246. Study and report on women's business centers.
         Subtitle C--Native American Small Business Development

Sec. 261. Native American small business development program.
               Subtitle D--Veterans' Business Development

Sec. 281. Veterans' business center program; Office of Veterans 
                            Business Development.
               TITLE III--DISASTER RELIEF AND ASSISTANCE

Sec. 301. Improvements to the Pioneer Business Recovery Program.
Sec. 302. Increased limits.
Sec. 303. Modified collateral requirements.
Sec. 304. Regional outreach on disaster assistance programs.
                   TITLE IV--CONTRACTING IMPROVEMENTS

Sec. 401. Surety bonds.
Sec. 402. Section 8(a) improvements.
                 TITLE V--TRADE AND EXPORT ENHANCEMENTS

Sec. 501. Online export readiness assessment tool.
Sec. 502. Marketing and outreach initiatives to small business 
                            concerns.
Sec. 503. Expansion of State Trade and Export Promotion Grant Program 
                            to cities and major metropolitan areas.
                      TITLE VI--REGULATORY RELIEF

Sec. 601. Definitions.
Sec. 602. Certification of rules.
Sec. 603. Application to interim final rules.
Sec. 604. Review panels.
Sec. 605. Judicial review.
Sec. 606. Research grant authority.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) the approximately 28,000,000 small business concerns in 
        the United States are the driving force behind the economy of 
        the Nation, creating more than 65 percent of all net new jobs 
        and generating more than 50 percent of the non-farm gross 
        domestic product of the Nation;
            (2) unfortunately, small business concerns have borne the 
        brunt of the recent economic recession, accounting for nearly 
        79 percent of all jobs lost since September 2008;
            (3) while Congress has taken strong and forceful action to 
        provide timely relief for small business concerns through the 
        enactment of the Small Business Jobs Act of 2010 (Public Law 
        111-240; 124 Stat. 2504), it is imperative that further action 
        be taken to build upon the progress made by that Act and to 
        help small business concerns recover and grow through the 
        creation of new jobs; and
            (4) specifically, additional steps should be taken to--
                    (A) expand broadband services and improve access to 
                technologies that will help small business concerns 
                connect with new opportunities and create innovative 
                products;
                    (B) strengthen counseling services and technical 
                assistance programs for small business concerns to help 
                small business concerns weather economic downturns and 
                emerge stronger and more competitive;
                    (C) provide relief to small business concerns 
                negatively impacted by natural and catastrophic 
                disasters by improving access to disaster recovery 
                loans and helping small business concerns plan for 
                predictable disasters;
                    (D) improve access to Federal contracting 
                opportunities for small business concerns by increasing 
                access to adequate surety bonding opportunities and 
                creating a stronger, more transparent set-aside program 
                for socially and economically disadvantaged small 
                business concerns;
                    (E) help small business concerns realize their full 
                potential by encouraging the small business concerns to 
                sell products and services abroad and connecting the 
                small business concerns with the appropriate Federal 
                and local export promotion resources; and
                    (F) require the Federal Government to provide 
                regulatory relief to small business concerns and more 
                closely consider the impact of new regulations 
                promulgated by Federal agencies by strengthening 
                chapter 6 of title 5, United States Code (commonly 
                known as the ``Regulatory Flexibility Act''), and the 
                Office of Advocacy of the Administration.

SEC. 4. DEFINITIONS.

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

    TITLE I--EXPANDING ACCESS TO TECHNOLOGY AND SPURRING INNOVATION

SEC. 101. BROADBAND AND EMERGING INFORMATION TECHNOLOGY COORDINATOR.

    (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is 
amended--
            (1) by redesignating section 45 as section 47; and
            (2) by inserting after section 44 the following:

``SEC. 45. BROADBAND AND EMERGING INFORMATION TECHNOLOGY.

    ``(a) Definition.--In this section, the term `broadband and 
emerging information technology coordinator' means the individual 
assigned the broadband and emerging information technology coordination 
responsibilities of the Administration under subsection (b)(1).
    ``(b) Assignment of Coordinator.--
            ``(1) Assignment of coordinator.--The Administrator shall 
        assign responsibility for coordinating the programs and 
        activities of the Administration relating to broadband and 
        emerging information technology to an individual who--
                    ``(A) shall report directly to the Administrator;
                    ``(B) shall work in coordination with--
                            ``(i) the chief information officer, the 
                        chief technology officer, and the head of the 
                        Office of Technology of the Administration; and
                            ``(ii) any Associate Administrator of the 
                        Administration determined appropriate by the 
                        Administrator;
                    ``(C) shall not be an employee of the Office of 
                Technology of the Administration;
                    ``(D) has experience developing and implementing 
                telecommunications policy in the private sector or 
                government; and
                    ``(E) has demonstrated significant experience in 
                the area of broadband or emerging information 
                technology.
            ``(2) Responsibilities of coordinator.--The broadband and 
        emerging information technology coordinator shall--
                    ``(A) coordinate programs of the Administration 
                that assist small business concerns in adopting, making 
                innovations in, and using broadband and other emerging 
                information technologies;
                    ``(B) serve as the primary liaison of the 
                Administration to other Federal agencies involved in 
                broadband and emerging information technology policy, 
                including the Department of Commerce, the Department of 
                Agriculture, and the Federal Communications Commission; 
                and
                    ``(C) identify best practices relating to broadband 
                and emerging information technology that may benefit 
                small business concerns.
            ``(3) Travel.--Not more than 20 percent of the hours of 
        service by the broadband and emerging information technology 
        coordinator during any fiscal year shall consist of travel 
        outside the United States to perform official duties.
    ``(c) Broadband and Emerging Technology Training.--
            ``(1) Training.--The Administrator shall provide to 
        employees of the Administration training that--
                    ``(A) familiarizes employees of the Administration 
                with broadband and other emerging information 
                technologies; and
                    ``(B) includes--
                            ``(i) instruction counseling small business 
                        concerns regarding adopting, making innovations 
                        in, and using broadband and other emerging 
                        information technologies; and
                            ``(ii) information on programs of the 
                        Federal Government that provide assistance to 
                        small business concerns relating to broadband 
                        and emerging information technologies.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.
    ``(d) Reports.--
            ``(1) Biennial report on activities.--Not later than 2 
        years after the date on which the Administrator makes the first 
        assignment of responsibilities under subsection (b), and every 
        2 years thereafter, the broadband and emerging information 
        technology coordinator shall submit to the Committee on Small 
        Business and Entrepreneurship of the Senate and the Committee 
        on Small Business of the House of Representatives a report 
        regarding the programs and activities of the Administration 
        relating to broadband and other emerging information 
        technologies.
            ``(2) Report on federal programs.--Not later than 1 year 
        after the date of enactment of this section, the broadband and 
        emerging information technology coordinator, in consultation 
        with the Secretary of Agriculture, the Assistant Secretary of 
        Commerce for Communications and Information, and the Chairman 
        of the Federal Communications Commission, shall submit to the 
        Committee on Small Business and Entrepreneurship of the Senate 
        and the Committee on Small Business of the House of 
        Representatives a report on the programs of the Federal 
        Government that provide assistance to small business concerns 
        relating to broadband and emerging information technologies, 
        which shall include recommendations, if any, for improving 
        coordination among the programs.''.

SEC. 102. ENTREPRENEURIAL DEVELOPMENT ASSISTANCE BY SMALL BUSINESS 
              DEVELOPMENT CENTERS.

    Section 21(c)(3)(B) of the Small Business Act (15 U.S.C. 
648(c)(3)(B)) is amended--
            (1) in the matter preceding clause (i), by inserting 
        ``accessing broadband and other emerging information 
        technology,'' after ``technology transfer,'';
            (2) in clause (ii), by striking ``and'' at the end;
            (3) in clause (iii), by adding ``and'' at the end; and
            (4) by adding at the end the following:
                    ``(iv) increasing the competitiveness and 
                productivity of small business concerns by assisting 
                entrepreneurs in accessing broadband and other emerging 
                information technology;''.

SEC. 103. CAPITAL ACCESS.

    (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 
636(a)) is amended in the matter preceding paragraph (1) by inserting 
``(including to purchase equipment for broadband or other emerging 
information technologies)'' after ``equipment''.
    (b) Microloans.--Section 7(m)(1)(A)(iii)(I) of the Small Business 
Act (15 U.S.C. 636(m)(1)(A)(iii)(I)) is amended by inserting 
``(including to purchase equipment for broadband or other emerging 
information technologies)'' after ``or equipment''.

SEC. 104. RURAL SMALL BUSINESS TECHNOLOGY PILOT PROGRAM.

    (a) Definitions.--In this section--
            (1) the term ``qualified small business concern'' means a 
        small business concern located in a rural area; and
            (2) the term ``rural area'' has the meaning given that term 
        in section 1393(a)(2) of the Internal Revenue Code of 1986.
    (b) Report.--Not later than 120 days after the date of enactment of 
this Act, the Administrator, in coordination with the Administrator of 
General Services, 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 number of Government-owned computers in the 
        possession of the Administration, including the number of 
        working computers, nonworking computers, desktop computers, and 
        laptop computers;
            (2) the number of Government-owned computers disposed of by 
        the Administration during the 5-year period ending on the date 
        of enactment of this Act, including the number of such 
        computers that were working computers, nonworking computers, 
        desktop computers, or laptop computers;
            (3) the procedures of the Administration for the disposal 
        of Government-owned computers; and
            (4) the plans of the Administrator for carrying out the 
        pilot program under subsection (c).
    (c) Pilot Program.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Administrator shall establish a 
        pilot program to provide not more than 1,000 excess Government-
        owned computers each year to qualified small business concerns 
        at no cost or a reduced cost.
            (2) Purposes of program.--The pilot program established 
        under paragraph (1) shall be designed to--
                    (A) encourage entrepreneurship in rural areas;
                    (B) assist small business concerns in accessing 
                technology; and
                    (C) accelerate the growth of qualified small 
                business concerns.
            (3) Termination.--The authority to conduct the pilot 
        program under this subsection shall terminate 3 years after the 
        date of enactment of this Act.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator such sums as are necessary to carry 
out this section.

SEC. 105. REPORT TO CONGRESS.

    (a) In General.--Not later than 45 days after the date of enactment 
of this Act, the Administrator, in consultation with the Administrator 
of General Services, shall submit to the Committee on Small Business 
and Entrepreneurship of the Senate and the Committee on Small Business 
of the House of Representatives a report on ways to assist with the 
development of broadband and wireless technology that would benefit 
small business concerns.
    (b) Content of the Report.--The report submitted under subsection 
(a) shall--
            (1) outline the participation by the Administration in the 
        National Antenna Program, including the number of wireless 
        towers deployed on facilities which contain an office of the 
        Administration;
            (2) information on agreements between the Administration 
        and the General Services Administration related to broadband 
        and wireless deployment in offices of the Administration; and
            (3) recommendations, if any, on opportunities for the 
        Administration to improve broadband or wireless technology in 
        offices of the Administration that are in areas currently 
        underserved or unserved by broadband service providers.

             TITLE II--COUNSELING AND TECHNICAL ASSISTANCE

                           Subtitle A--SCORE

SEC. 221. SCORE REAUTHORIZATION.

    (a) In General.--Section 20 of the Small Business Act (15 U.S.C. 
631 note) is amended--
            (1) by redesignating subsection (j) as subsection (f); and
            (2) by adding at the end the following:
    ``(g) SCORE Program.--There are authorized to be appropriated to 
the Administrator to carry out the SCORE program authorized by section 
8(b)(1) such sums as are necessary for the Administrator to make grants 
or enter into cooperative agreements in a total amount that does not 
exceed--
            ``(1) $13,000,000 in fiscal year 2011;
            ``(2) $15,000,000 in fiscal year 2012; and
            ``(3) $18,000,000 in fiscal year 2013.''.
    (b) Privacy Requirements for SCORE Chapters.--Section 8 of the 
Small Business Act (15 U.S.C. 637) is amended by striking subsection 
(c) and inserting the following:
    ``(c) Privacy Requirements.--
            ``(1) In general.--A chapter of the SCORE program 
        authorized by subsection (b)(1) or an agent of such a chapter 
        may not disclose the name, address, or telephone number of any 
        individual or small business concern receiving assistance from 
        that chapter or agent without the consent of such individual or 
        small business concern, unless--
                    ``(A) the Administrator is ordered to make such a 
                disclosure by a court in any civil or criminal 
                enforcement action initiated by a Federal or State 
                agency; or
                    ``(B) the Administrator determines such a 
                disclosure to be necessary for the purpose of 
                conducting a financial audit of a chapter of the SCORE 
                program authorized by subsection (b)(1), in which case 
                disclosure shall be limited to the information 
                necessary for the audit.
            ``(2) Administrator use of information.--This subsection 
        shall not--
                    ``(A) restrict the access of the Administrator to 
                program activity data; or
                    ``(B) prevent the Administrator from using client 
                information to conduct client surveys.
            ``(3) Regulations.--
                    ``(A) In general.--The Administrator shall issue 
                regulations to establish standards for--
                            ``(i) disclosures with respect to financial 
                        audits under paragraph (1)(B); and
                            ``(ii) conducting client surveys, including 
                        standards for oversight of the surveys and for 
                        dissemination and use of client information.
                    ``(B) Maximum privacy protection.--The regulations 
                issued under this paragraph shall, to the extent 
                practicable, provide for the maximum amount of privacy 
                protection.
                    ``(C) Inspector general.--Until the effective date 
                of the regulations issued under this paragraph, any 
                client survey and the use of any client information 
                shall be approved by the Inspector General of the 
                Administration, who shall include any such approval in 
                the semi-annual report of the Inspector General.''.
    (c) SCORE Program.--
            (1) In general.--Section 8(b)(1)(B) of the Small Business 
        Act (15 U.S.C. 637(b)(1)(B)) is amended by striking ``a Service 
        Corps of Retired Executives (SCORE)'' and inserting ``the SCORE 
        program''.
            (2) Technical and conforming amendments.--
                    (A) In general.--The Small Business Act (15 U.S.C. 
                631 et seq.) is amended--
                            (i) in section 7(m)(3)(A)(i)(VIII) (15 
                        U.S.C. 636(m)(3)(A)(i)(VIII)), by striking 
                        ``Service Corps of Retired Executives'' and 
                        inserting ``SCORE program''; and
                            (ii) in section 33(b)(2) (15 U.S.C. 
                        657c(b)(2)), by striking ``Service Corps of 
                        Retired Executives'' and inserting ``SCORE 
                        program''.
                    (B) Other laws.--
                            (i) Insurance.--Section 621 of the 
                        Children's Health Insurance Program 
                        Reauthorization Act of 2009 (15 U.S.C. 657p) is 
                        amended--
                                    (I) in subsection (a), by striking 
                                paragraph (4) and inserting the 
                                following:
            ``(4) the term `SCORE program' means the SCORE program 
        authorized by section 8(b)(1)(B) of the Small Business Act (15 
        U.S.C. 637(b)(1)(B));''; and
                                    (II) in subsection (b)(4)(A)(iv), 
                                by striking ``Service Corps of Retired 
                                Executives'' and inserting ``SCORE 
                                program''.
                            (ii) Consumer education.--Section 337(d)(2) 
                        of the Energy Policy and Conservation Act (42 
                        U.S.C. 6307(d)(2)) is amended by striking 
                        ``Service Corps of Retired Executives (SCORE)'' 
                        and inserting ``SCORE program''.
            (3) References.--Any reference to the Service Corps of 
        Retired Executives established under section 8(b)(1)(B) of the 
        Small Business Act (15 U.S.C. 637(b)(1)(B)), as in effect on 
        the day before the date of enactment of this Act, in any law, 
        rule, regulation, certificate, directive, instruction, or other 
        official paper shall be considered to refer to the SCORE 
        program established under section 8(b)(1)(B) of the Small 
        Business Act, as amended by this section.

         Subtitle B--Women's Small Business Ownership Programs

SEC. 241. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.

    (a) In General.--Section 29(g) of the Small Business Act (15 U.S.C. 
656(g)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B)(i), by striking ``in the 
                areas'' and all that follows through the end of 
                subclause (I), and inserting the following: ``to 
                address issues concerning the management, operations, 
                manufacturing, technology, finance, retail and product 
                sales, international trade, Government contracting, and 
                other disciplines required for--
                                    ``(I) starting, operating, and 
                                increasing the business of a small 
                                business concern;''; and
                    (B) in subparagraph (C), by inserting before the 
                period at the end the following: ``, the National 
                Women's Business Council, and any association of 
                women's business centers''; and
            (2) by adding at the end the following:
            ``(3) Training.--The Administrator may provide annual 
        programmatic and financial oversight training for women's 
        business ownership representatives and district office 
        technical representatives of the Administration to enable 
        representatives to carry out their responsibilities.
            ``(4) Program and transparency improvements.--The 
        Administrator shall maximize the transparency of the women's 
        business center financial assistance proposal process and the 
        programmatic and financial oversight process by--
                    ``(A) providing public notice of the announcement 
                for financial assistance under subsection (b) and 
                grants under subsection (l) not later than the end of 
                the first quarter of each fiscal year;
                    ``(B) in the announcement described in subparagraph 
                (A), outlining award and program evaluation criteria 
                and describing the weighting of the criteria for 
                financial assistance under subsection (b) and grants 
                under subsection (l);
                    ``(C) minimizing paperwork and reporting 
                requirements for applicants for and recipients of 
                financial assistance under this section;
                    ``(D) standardizing the oversight and review 
                process of the Administration; and
                    ``(E) providing to each women's business center, 
                not later than 60 days after the completion of a site 
                visit at the women's business center (whether conducted 
                for an audit, performance review, or other reason), a 
                copy of site visit reports and evaluation reports 
                prepared by district office technical representatives 
                or officers or employees of the Administration.''.
    (b) Change of Title.--
            (1) In general.--Section 29 of the Small Business Act (15 
        U.S.C. 656) is amended--
                    (A) in subsection (a)--
                            (i) by striking paragraphs (1) and (4);
                            (ii) by redesignating paragraphs (2) and 
                        (3) as paragraphs (4) and (5), respectively; 
                        and
                            (iii) by inserting before paragraph (4), as 
                        so redesignated, the following:
            ``(2) the term `Director' means the Director of the Office 
        of Women's Business Ownership established under subsection 
        (g);'';
                    (B) by striking ``Assistant Administrator'' each 
                place it appears and inserting ``Director''; and
                    (C) in subsection (g)(2), in the paragraph heading, 
                by striking ``Assistant administrator'' and inserting 
                ``Director''.
            (2) Women's business ownership act of 1988.--Title IV of 
        the Women's Business Ownership Act of 1988 (15 U.S.C. 7101 et 
        seq.) is amended--
                    (A) in section 403(a)(2)(B), by striking 
                ``Assistant Administrator'' and inserting ``Director'';
                    (B) in section 405, by striking ``Assistant 
                Administrator'' and inserting ``Director''; and
                    (C) in section 406(c), by striking ``Assistant 
                Administrator'' and inserting ``Director''.

SEC. 242. WOMEN'S BUSINESS CENTER PROGRAM.

    (a) Women's Business Center Financial Assistance.--Section 29 of 
the Small Business Act (15 U.S.C. 656) is amended--
            (1) in subsection (a)--
                    (A) by inserting before paragraph (2), as added by 
                section 241(b), the following:
            ``(1) the term `association of women's business centers' 
        means an organization--
                    ``(A) that represents not less than 51 percent of 
                the women's business centers that participate in a 
                program under this section; and
                    ``(B) whose primary purpose is to represent women's 
                business centers;'';
                    (B) by inserting after paragraph (2), as added by 
                section 241(b), the following:
            ``(3) the term `eligible entity' means--
                    ``(A) a private nonprofit organization;
                    ``(B) a State, regional, or local economic 
                development organization;
                    ``(C) a development, credit, or finance corporation 
                chartered by a State;
                    ``(D) a public or private institution of higher 
                education (as that term is used in sections 101 and 102 
                of the Higher Education Act of 1965 (20 U.S.C. 1001 and 
                1002)); or
                    ``(E) any combination of entities listed in 
                subparagraphs (A) through (D);''; and
                    (C) by adding after paragraph (5), as redesignated 
                by section 241(b), the following:
            ``(6) the term `women's business center' means a project 
        conducted by an eligible entity under this section;'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1), (2), and (3) 
                as subparagraphs (A), (B), and (C), and adjusting the 
                margins accordingly;
                    (B) by striking ``The Administration'' and all that 
                follows through ``5-year project'' and inserting the 
                following:
            ``(1) In general.--The Administration may provide financial 
        assistance to an eligible entity to conduct a project under 
        this section'';
                    (C) by striking ``The projects shall'' and 
                inserting the following:
            ``(2) Use of funds.--The project shall be designed to 
        provide training and counseling that meets the needs of women, 
        especially socially and economically disadvantaged women, and 
        shall provide''; and
                    (D) by adding at the end the following:
            ``(3) Amount of financial assistance.--
                    ``(A) In general.--The Administrator may award 
                financial assistance under this subsection of not less 
                than $150,000 per year.
                    ``(B) Equal allocations.--In the event that the 
                Administration has insufficient funds to provide 
                financial assistance of $150,000 for each recipient of 
                financial assistance under this subsection in any 
                fiscal year, available funds shall be allocated equally 
                to recipients, unless a recipient requests a lower 
                amount than the allocated amount.
            ``(4) Consultation with associations of women's business 
        centers.--The Administrator shall consult with each association 
        of women's business centers to develop--
                    ``(A) a training program for the staff of women's 
                business centers and the Administration; and
                    ``(B) recommendations to improve the policies and 
                procedures for governing the general operations and 
                administration of the Women's Business Center program, 
                including grant program improvements under subsection 
                (g)(5).'';
            (3) in subsection (c)--
                    (A) in paragraph (1) by striking ``the recipient 
                organization'' and inserting ``an eligible entity'';
                    (B) in paragraph (3), in the second sentence, by 
                striking ``a recipient organization'' and inserting 
                ``an eligible entity'';
                    (C) in paragraph (4)--
                            (i) by striking ``recipient'' each place it 
                        appears and inserting ``eligible entity''; and
                            (ii) by striking ``such organization'' and 
                        inserting ``the eligible entity''; and
                    (D) by adding at end the following:
            ``(6) Separation of project and funds.--An eligible entity 
        shall--
                    ``(A) carry out a project under this section 
                separately from other projects, if any, of the eligible 
                entity; and
                    ``(B) separately maintain and account for any 
                financial assistance under this section.'';
            (4) in subsection (e)--
                    (A) by striking ``applicant organization'' and 
                inserting ``eligible entity'';
                    (B) by striking ``a recipient organization'' and 
                inserting ``an eligible entity''; and
                    (C) by striking ``site'';
            (5) by striking subsection (f) and inserting the following:
    ``(f) Applications and Criteria for Initial Financial Assistance.--
            ``(1) Application.--Each eligible entity desiring financial 
        assistance under subsection (b) shall submit to the 
        Administrator an application that contains--
                    ``(A) a certification that the eligible entity--
                            ``(i) has designated an executive director 
                        or program manager, who may be compensated from 
                        financial assistance under subsection (b) or 
                        other sources, to manage the center on a full-
                        time basis; and
                            ``(ii) as a condition of receiving 
                        financial assistance under subsection (b), 
                        agrees--
                                    ``(I) to receive a site visit by 
                                the Administrator as part of the final 
                                selection process;
                                    ``(II) to undergo an annual 
                                programmatic and financial review; and
                                    ``(III) to the maximum extent 
                                practicable, to remedy any problems 
                                identified pursuant to the site visit 
                                or review under subclause (I) or (II);
                            ``(iii) meets the accounting and reporting 
                        requirements established by the Director of the 
                        Office of Management and Budget;
                    ``(B) information demonstrating that the eligible 
                entity has the ability and resources to meet the needs 
                of the market to be served by the women's business 
                center for which financial assistance under subsection 
                (b) is sought, including the ability to obtain the non-
                Federal contribution required under subsection (c);
                    ``(C) information relating to the assistance to be 
                provided by the women's business center for which 
                financial assistance under subsection (b) is sought in 
                the area in which the women's business center site is 
                located;
                    ``(D) information demonstrating the experience and 
                effectiveness of the eligible entity in--
                            ``(i) conducting financial, management, and 
                        marketing assistance programs, as described 
                        under subsection (b)(2), which are designed to 
                        teach or upgrade the business skills of women 
                        who are business owners or potential business 
                        owners;
                            ``(ii) providing training and services to a 
                        representative number of women who are socially 
                        and economically disadvantaged; and
                            ``(iii) using resource partners of the 
                        Administration and other entities, such as 
                        universities; and
                    ``(E) a 5-year plan that describes the ability of 
                the women's business center for which financial 
                assistance is sought--
                            ``(i) to serve women who are business 
                        owners or potential owners by conducting 
                        training and counseling activities; and
                            ``(ii) to provide training and services to 
                        a representative number of women who are 
                        socially and economically disadvantaged.
            ``(2) Additional information.--The Administrator shall make 
        any request for additional information from an organization 
        applying for financial assistance under subsection (b) that was 
        not requested in the original announcement in writing.
            ``(3) Review and approval of applications for initial 
        financial assistance.--
                    ``(A) In general.--The Administrator shall--
                            ``(i) review each application submitted 
                        under paragraph (1), based on the information 
                        described in such paragraph and the criteria 
                        set forth under subparagraph (B) of this 
                        paragraph; and
                            ``(ii) to the extent practicable, as part 
                        of the final selection process, conduct a site 
                        visit at each women's business center for which 
                        financial assistance under subsection (b) is 
                        sought.
                    ``(B) Selection criteria.--
                            ``(i) In general.--The Administrator shall 
                        evaluate applicants for financial assistance 
                        under subsection (b) in accordance with 
                        selection criteria that are--
                                    ``(I) established before the date 
                                on which applicants are required to 
                                submit the applications;
                                    ``(II) stated in terms of relative 
                                importance; and
                                    ``(III) publicly available and 
                                stated in each solicitation for 
                                applications for financial assistance 
                                under subsection (b) made by the 
                                Administrator.
                            ``(ii) Required criteria.--The selection 
                        criteria for financial assistance under 
                        subsection (b) shall include--
                                    ``(I) the experience of the 
                                applicant in conducting programs or 
                                ongoing efforts designed to teach or 
                                enhance the business skills of women 
                                who are business owners or potential 
                                business owners;
                                    ``(II) the ability of the applicant 
                                to commence a project within a minimum 
                                amount of time;
                                    ``(III) the ability of the 
                                applicant to provide training and 
                                services to a representative number of 
                                women who are socially and economically 
                                disadvantaged; and
                                    ``(IV) the location for the women's 
                                business center site proposed by the 
                                applicant, including whether the 
                                applicant is located in a State in 
                                which there is not a women's business 
                                center receiving funding from the 
                                Administration.
                    ``(C) Proximity.--If the principal place of 
                business of an applicant for financial assistance under 
                subsection (b) is located less than 50 miles from the 
                principal place of business of a women's business 
                center that received funds under this section on or 
                before the date of the application, the applicant shall 
                not be eligible for the financial assistance, unless 
                the applicant submits a detailed written justification 
                of the need for an additional center in the area in 
                which the applicant is located.
                    ``(D) Record retention.--The Administrator shall 
                maintain a copy of each application submitted under 
                this subsection for not less than 7 years.''; and
            (6) in subsection (m), by striking paragraph (3) and 
        inserting the following:
            ``(3) Application and approval for renewal grants.--
                    ``(A) Application.--Each eligible entity desiring a 
                grant under this subsection shall submit to the 
                Administrator an application that contains--
                            ``(i) a certification that the applicant--
                                    ``(I) is a private nonprofit 
                                organization;
                                    ``(II) has designated a full-time 
                                executive director or program manager 
                                to manage the women's business center 
                                operated by the applicant; and
                                    ``(III) as a condition of receiving 
                                a grant under this subsection, agrees--
                                            ``(aa) to receive a site 
                                        visit as part of the final 
                                        selection process;
                                            ``(bb) to submit, for the 2 
                                        full fiscal years before the 
                                        date on which the application 
                                        is submitted, annual 
                                        programmatic and financial 
                                        review reports or certified 
                                        copies of the compliance 
                                        supplemental audits under OMB 
                                        Circular A-133 of the 
                                        applicant; and
                                            ``(cc) to remedy any 
                                        problem identified pursuant to 
                                        the site visit or review under 
                                        item (aa) or (bb);
                            ``(ii) information demonstrating that the 
                        applicant has the ability and resources to meet 
                        the needs of the market to be served by the 
                        women's business center for which a grant under 
                        this subsection is sought, including the 
                        ability to ability to obtain the non-Federal 
                        contribution required under paragraph (4)(C);
                            ``(iii) information relating to assistance 
                        to be provided by the women's business center 
                        for which a grant under this subsection is 
                        sought in the area of the women's business 
                        center site;
                            ``(iv) information demonstrating the use of 
                        resource partners of the Administration and 
                        other entities;
                            ``(v) a 3-year plan that describes the 
                        ability of the women's business center for 
                        which a grant under this subsection is sought--
                                    ``(I) to serve women who are 
                                business owners or potential business 
                                owners by conducting training and 
                                counseling activities; and
                                    ``(II) to provide training and 
                                services to a representative number of 
                                women who are socially and economically 
                                disadvantaged; and
                            ``(vi) any additional information that the 
                        Administrator may reasonably require.
                    ``(B) Review and approval of applications for 
                grants.--
                            ``(i) In general.--The Administrator 
                        shall--
                                    ``(I) review each application 
                                submitted under subparagraph (A), based 
                                on the information described in such 
                                subparagraph and the criteria set forth 
                                under clause (ii) of this subparagraph; 
                                and
                                    ``(II) whenever practicable, as 
                                part of the final selection process, 
                                conduct a site visit at each women's 
                                business center for which a grant under 
                                this subsection is sought.
                            ``(ii) Selection criteria.--
                                    ``(I) In general.--The 
                                Administrator shall evaluate applicants 
                                for grants under this subsection in 
                                accordance with selection criteria that 
                                are--
                                            ``(aa) established before 
                                        the date on which applicants 
                                        are required to submit the 
                                        applications;
                                            ``(bb) stated in terms of 
                                        relative importance; and
                                            ``(cc) publicly available 
                                        and stated in each solicitation 
                                        for applications for grants 
                                        under this subsection made by 
                                        the Administrator.
                                    ``(II) Required criteria.--The 
                                selection criteria for a grant under 
                                this subsection shall include--
                                            ``(aa) the total number of 
                                        entrepreneurs served by the 
                                        applicant;
                                            ``(bb) the total number of 
                                        new start-up companies assisted 
                                        by the applicant;
                                            ``(cc) the percentage of 
                                        the clients of the applicant 
                                        that are socially or 
                                        economically disadvantaged; and
                                            ``(dd) the percentage of 
                                        individuals in the community 
                                        served by the applicant who are 
                                        socially or economically 
                                        disadvantaged.
                            ``(iii) Conditions for continued funding.--
                        In determining whether to make a grant under 
                        this subsection, the Administrator--
                                    ``(I) shall consider the results of 
                                the most recent evaluation of the 
                                women's business center for which a 
                                grant under this subsection is sought, 
                                and, to a lesser extent, previous 
                                evaluations; and
                                    ``(II) may withhold a grant under 
                                this subsection, if the Administrator 
                                determines that the applicant has 
                                failed to provide the information 
                                required to be provided under this 
                                paragraph, or the information provided 
                                by the applicant is inadequate.
                    ``(C) Notification.--Not later than 60 days after 
                the date of the deadline to submit applications for 
                each fiscal year, the Administrator shall approve or 
                deny any application under this paragraph and notify 
                the applicant for each such application.
                    ``(D) Record retention.--The Administrator shall 
                maintain a copy of each application submitted under 
                this paragraph for not less than 7 years.''.
    (b) Technical and Conforming Amendments.--
            (1) In general.--Section 29 of the Small Business Act (15 
        U.S.C. 656) is amended--
                    (A) in subsection (h)(2), by striking ``to award a 
                contract (as a sustainability grant) under subsection 
                (l) or'';
                    (B) in subsection (j)(1), by striking ``The 
                Administration'' and inserting ``Not later than 
                November 1st of each year, the Administrator'';
                    (C) in subsection (k)--
                            (i) by striking paragraphs (1), (2), and 
                        (4);
                            (ii) by redesignating paragraph (3) as 
                        paragraph (5); and
                            (iii) by inserting before paragraph (5), as 
                        so redesignated, the following:
            ``(1) In general.--There are authorized to be appropriated 
        to the Administration to carry out this section, to remain 
        available until expended--
                    ``(A) $20,000,000 for fiscal year 2011;
                    ``(B) $20,500,000 for fiscal year 2012; and
                    ``(C) $21,000,000 for fiscal year 2013.
            ``(2) Allocation.--Of amounts made available pursuant to 
        paragraph (1), the Administrator shall use not less than 50 
        percent for grants under subsection (l).
            ``(3) Use of amounts.--Amounts made available under this 
        subsection 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.
            ``(4) Continuing grant and cooperative agreement 
        authority.--
                    ``(A) In general.--The authority of the 
                Administrator to provide financial assistance under 
                this section shall be in effect for each fiscal year 
                only to the extent and in the amounts as are provided 
                in advance in appropriations Acts.
                    ``(B) Prompt disbursement.--Upon receiving funds to 
                carry out this section for a fiscal year, the 
                Administrator shall, to the extent practicable, 
                promptly reimburse funds to any women's business center 
                awarded financial assistance under this section if the 
                center meets the eligibility requirements under this 
                section.
                    ``(C) Renewal.--After the Administrator has entered 
                into a grant or cooperative agreement with any women's 
                business center under this section, the Administrator 
                shall not suspend, terminate, or fail to renew or 
                extend any such grant or cooperative agreement, unless 
                the Administrator--
                            ``(i) provides the women's business center 
                        with written notification setting forth the 
                        reasons for that action; and
                            ``(ii) affords the center an opportunity 
                        for a hearing, appeal, or other administrative 
                        proceeding under chapter 5 of title 5, United 
                        States Code.'';
                    (D) in subsection (m)(4)(D), by striking ``or 
                subsection (l)''; and
                    (E) by redesignating subsections (m) and (n), as 
                amended by this Act, as subsections (l) and (m), 
                respectively.
            (2) Repeal of authority to waive non-federal share.--
        Section 1401(c)(2) of the Small Business Jobs Act of 2010 
        (Public Law 111-240; 124 Stat. 2550) is amended--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) by redesignating paragraph (6) as paragraph 
                (5).''.

SEC. 243. NATIONAL WOMEN'S BUSINESS COUNCIL.

    (a) Membership.--Section 407(f) of the Women's Business Ownership 
Act of 1988 (15 U.S.C. 7107(f)) is amended by adding at the end the 
following:
            ``(3) Representation of member organizations.--In 
        consultation with the chairperson of the Council and the 
        Administrator, a national women's business organization or 
        small business concern that is represented on the Council may 
        replace its representative member on the Council during the 
        service term to which that member was appointed.''.
    (b) Authorization of Appropriations.--Section 410(a) of the Women's 
Business Ownership Act of 1988 (15 U.S.C. 7110(a)) is amended by 
striking ``2001 through 2003, of which $550,000'' and inserting ``2011 
through 2013, of which not less than 30 percent''.

SEC. 244. INTERAGENCY COMMITTEE ON WOMEN'S BUSINESS ENTERPRISE.

    (a) Chairperson.--Section 403(b) of the Women's Business Ownership 
Act of 1988 (15 U.S.C. 7103(b)) is amended--
            (1) by striking ``Not later'' and inserting the following:
            ``(1) In general.--Not later''; and
            (2) by adding at the end the following:
            ``(2) Vacancy.--In the event that a chairperson is not 
        appointed under paragraph (1), the Deputy Administrator of the 
        Small Business Administration shall serve as acting chairperson 
        of the Interagency Committee until a chairperson is appointed 
        under paragraph (1).''.
    (b) Policy Advisory Group.--Section 401 of the Women's Business 
Ownership Act of 1988 (15 U.S.C. 7101) is amended--
            (1) by striking ``There'' and inserting the following:
    ``(a) Establishment of Committee.--There''; and
            (2) by adding at the end the following:
    ``(b) Policy Advisory Group.--
            ``(1) Establishment.--There is established a Policy 
        Advisory Group within the Interagency Committee to assist the 
        chairperson in developing policies and programs under this Act.
            ``(2) Membership.--The Policy Advisory Group shall be 
        composed of 7 policy making officials, of whom--
                    ``(A) 1 shall be a representative of the Small 
                Business Administration;
                    ``(B) 1 shall be a representative of the Department 
                of Commerce;
                    ``(C) 1 shall be a representative of the Department 
                of Labor;
                    ``(D) 1 shall be a representative of the Department 
                of Defense;
                    ``(E) 1 shall be a representative of the Department 
                of the Treasury; and
                    ``(F) 2 shall be representatives of the Council.
            ``(3) Meetings.--The Policy Advisory Group established 
        under paragraph (1) shall meet not less frequently than 3 times 
        each year to--
                    ``(A) plan activities for the new fiscal year;
                    ``(B) track year-to-date agency contracting 
                activities; and
                    ``(C) evaluate the progress during the fiscal year 
                and prepare an annual report.''.

SEC. 245. PRESERVING THE INDEPENDENCE OF THE NATIONAL WOMEN'S BUSINESS 
              COUNCIL.

    (a) Findings.--Congress finds the following:
            (1) The National Women's Business Council provides an 
        independent source of advice and policy recommendations 
        regarding women's business development and the needs of women 
        entrepreneurs in the United States to--
                    (A) the President;
                    (B) Congress;
                    (C) the Interagency Committee on Women's Business 
                Enterprise; and
                    (D) the Administrator.
            (2) The members of the National Women's Business Council 
        are small business owners, representatives of business 
        organizations, and representatives of women's business centers.
            (3) The chairman and ranking member of the Committee on 
        Small Business and Entrepreneurship of the Senate and the 
        Committee on Small Business of the House of Representatives 
        make recommendations to the Administrator to fill 8 of the 
        positions on the National Women's Business Council. Four of the 
        positions are reserved for small business owners who are 
        affiliated with the political party of the President, and 4 of 
        the positions are reserved for small business owners who are 
        not affiliated with the political party of the President. This 
        method of appointment ensures that the National Women's 
        Business Council will provide Congress with nonpartisan, 
        balanced, and independent advice.
            (4) In order to maintain the independence of the National 
        Women's Business Council and to ensure that the Council 
        continues to provide the President, the Interagency Committee 
        on Women's Business Enterprise, the Administrator, and Congress 
        with advice on a nonpartisan basis, it is essential that the 
        Council maintain the bipartisan balance established under 
        section 407 of the Women's Business Ownership Act of 1988 (15 
        U.S.C. 7107).
    (b) Maintenance of Partisan Balance.--Section 407(f) of the Women's 
Business Ownership Act of 1988 (15 U.S.C. 7107(f)), as amended by this 
Act, is amended by adding at the end the following:
            ``(4) Partisan balance.--When filling a vacancy under 
        paragraph (1) of this subsection of a member appointed under 
        paragraph (1) or (2) of subsection (b), the Administrator 
        shall, to the extent practicable, ensure that there are an 
        equal number of members on the Council from each of the 2 major 
        political parties.
            ``(5) Accountability.--If a vacancy is not filled within 
        the 30-day period required under paragraph (1), or if there is 
        an imbalance in the number of members on the Council from each 
        of the 2 major political parties for a period exceeding 30 
        days, the Administrator shall submit a report, not later than 
        10 days after the expiration of either such 30-day deadline, to 
        the Committee on Small Business and Entrepreneurship of the 
        Senate and the Committee on Small Business of the House of 
        Representatives, that explains why the respective deadline was 
        not met and provides an estimated date on which any vacancies 
        will be filled, as applicable.''.

SEC. 246. STUDY AND REPORT ON WOMEN'S BUSINESS CENTERS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a broad study of the unique economic issues facing women's 
business centers located in covered areas to identify--
            (1) the difficulties such centers face in raising non-
        Federal funds;
            (2) the difficulties such centers face competing for 
        financial assistance, non-Federal funds, or other types of 
        assistance;
            (3) the difficulties such centers face in writing grant 
        proposals; and
            (4) other difficulties such centers face because of the 
        economy in the type of covered area in which such centers are 
        located.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report 
regarding the results of the study conducted under subsection (a), 
which shall include recommendations, if any, regarding how to--
            (1) address the unique difficulties women's business 
        centers located in covered areas face because of the type of 
        covered area in which such centers are located;
            (2) expand the presence of, and increase the services 
        provided by, women's business centers located in covered areas; 
        and
            (3) best use technology and other resources to better serve 
        women business owners located in covered areas.
    (c) Definition of Covered Area.--In this section, the term 
``covered area'' means--
            (1) any State that is predominantly rural, as determined by 
        the Administrator;
            (2) any State that is predominantly urban, as determined by 
        the Administrator; and
            (3) any State or territory that is an island.

         Subtitle C--Native American Small Business Development

SEC. 261. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) in section 4(b)(1) (15 U.S.C. 633(b)(1))--
                    (A) in the fifth sentence, by striking ``five 
                Associate Administrators'' and inserting ``6 Associate 
                Administrators''; and
                    (B) by inserting after the fifth sentence the 
                following: ``1 Associate Administrator shall be the 
                Associate Administrator of the Office of Native 
                American Affairs established by section 46.''; and
            (2) by inserting after section 45, as added by section 101 
        of this Act, the following:

``SEC. 46. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Associate administrator.--The term `Associate 
        Administrator' means the Associate Administrator of the Office 
        of Native American Affairs established under subsection (b).
            ``(2) Center; native american business center.--The terms 
        `center' and `Native American business center' mean a center 
        established under subsection (c).
            ``(3) Eligible applicant.--The term `eligible applicant' 
        means--
                    ``(A) a tribal college;
                    ``(B) a private, nonprofit organization--
                            ``(i) that provides business and financial 
                        or procurement technical assistance to 1 or 
                        more Native American communities; and
                            ``(ii) that is dedicated to assisting one 
                        or more Native American communities; or
                    ``(C) a small business development center, women's 
                business center, or other private organization 
                participating in a joint project.
            ``(4) Joint project.--The term `joint project' means a 
        project that--
                    ``(A) combines the resources and expertise of 2 or 
                more distinct entities at a physical location dedicated 
                to assisting the Native American community; and
                    ``(B) submits to the Administration a joint 
                application that contains--
                            ``(i) a certification that each participant 
                        of the project--
                                    ``(I) is an eligible applicant;
                                    ``(II) employs an executive 
                                director or program manager to manage 
                                the center;
                            ``(ii) information demonstrating a record 
                        of commitment to providing assistance to Native 
                        Americans; and
                            ``(iii) information demonstrating that the 
                        participants in the joint project have the 
                        ability and resources to meet the needs, 
                        including the cultural needs, of the Native 
                        Americans to be served by the project.
            ``(5) Native american small business concern.--The term 
        `Native American small business concern' means a small business 
        concern that is at least 51 percent owned and controlled by--
                    ``(A) an Indian tribe or a Native Hawaiian 
                Organization, as the terms are described in paragraphs 
                (13) and (15) of section 8(a), respectively; or
                    ``(B) 1 or more individual members of an Indian 
                tribe or Native Hawaiian Organization.
            ``(6) Native american small business development program.--
        The term `Native American small business development program' 
        means the program established under subsection (c).
            ``(7) Small business concern.--The term `small business 
        concern' has the same meaning as in section 3.
            ``(8) Small business development center.--The term `small 
        business development center' means a small business development 
        center described in section 21.
            ``(9) Tribal college.--The term `tribal college' has the 
        meaning given the term `tribally controlled college or 
        university' in section 2(a) of the Tribally Controlled 
        Community College Assistance Act of 1978 (25 U.S.C. 1801(a)).
            ``(10) Tribal land.--The term `tribal land' has the meaning 
        given the term `reservation' in section 3 of the Indian 
        Financing Act (25 U.S.C. 1452).
    ``(b) Office of Native American Affairs.--
            ``(1) Establishment.--There is established within the 
        Administration the Office of Native American Affairs, which, 
        under the direction of the Associate Administrator, shall 
        implement the programs of the Administration for the 
        development of business enterprises by Native Americans.
            ``(2) Purpose.--The purpose of the Office of Native 
        American Affairs is to help Native American small business 
        concerns--
                    ``(A) to start, operate, and increase the business 
                of small business concerns;
                    ``(B) to develop management and technical skills;
                    ``(C) to seek Federal procurement opportunities;
                    ``(D) to increase employment opportunities for 
                Native Americans through the establishment and 
                expansion of small business concerns; and
                    ``(E) to increase the access of Native Americans to 
                capital markets.
            ``(3) Associate administrator.--
                    ``(A) Appointment.--The Administrator shall appoint 
                a qualified individual to serve as Associate 
                Administrator of the Office of Native American Affairs 
                in accordance with this paragraph.
                    ``(B) Qualifications.--The Associate Administrator 
                appointed under subparagraph (A) shall have--
                            ``(i) knowledge of Native American culture; 
                        and
                            ``(ii) experience providing culturally 
                        tailored small business development assistance 
                        to Native Americans.
                    ``(C) Employment status.--The Administrator shall 
                establish the position of Associate Administrator, who 
                shall--
                            ``(i) be an appointee in the Senior 
                        Executive Service (as defined in section 
                        3132(a) of title 5, United States Code); and
                            ``(ii) shall report to and be responsible 
                        directly to the Administrator.
                    ``(D) Responsibilities and duties.--The Associate 
                Administrator shall--
                            ``(i) administer and manage the Native 
                        American small business development program;
                            ``(ii) formulate, execute, and promote the 
                        policies and programs of the Administration 
                        that provide assistance to small business 
                        concerns owned and controlled by Native 
                        Americans;
                            ``(iii) act as an ombudsman for full 
                        consideration of Native Americans in all 
                        programs of the Administration;
                            ``(iv) recommend the annual administrative 
                        and program budgets for the Office of Native 
                        American Affairs;
                            ``(v) consult with Native American business 
                        centers in carrying out the Native American 
                        small business development program;
                            ``(vi) recommend appropriate funding 
                        levels;
                            ``(vii) review the annual budgets submitted 
                        by each applicant for the Native American small 
                        business development program;
                            ``(viii) select applicants to participate 
                        in the Native American small business 
                        development program;
                            ``(ix) implement this section; and
                            ``(x) maintain a clearinghouse for the 
                        dissemination and exchange of information 
                        between all Administration-sponsored business 
                        centers.
                    ``(E) Consultation requirements.--In carrying out 
                the responsibilities and duties described in this 
                paragraph, the Associate Administrator shall confer 
                with and seek the advice of--
                            ``(i) officials of the Administration 
                        working in areas served by Native American 
                        business centers; and
                            ``(ii) eligible applicants.
    ``(c) Native American Small Business Development Program.--
            ``(1) Financial assistance.--
                    ``(A) In general.--The Administration, acting 
                through the Associate Administrator, shall provide 
                financial assistance to eligible applicants to 
                establish Native American business centers in 
                accordance with this section.
                    ``(B) Use of funds.--The financial and resource 
                assistance provided under this subsection shall be used 
                to establish a Native American business center to 
                overcome obstacles impeding the establishment, 
                development, and expansion of small business concerns, 
                in accordance with this section.
            ``(2) 5-year projects.--
                    ``(A) In general.--Each Native American business 
                center that receives assistance under paragraph (1)(A) 
                shall conduct a 5-year project that offers culturally 
                tailored business development assistance in the form 
                of--
                            ``(i) financial education, including 
                        training and counseling in--
                                    ``(I) applying for and securing 
                                business credit and investment capital;
                                    ``(II) preparing and presenting 
                                financial statements; and
                                    ``(III) managing cash flow and 
                                other financial operations of a 
                                business concern;
                            ``(ii) management education, including 
                        training and counseling in planning, 
                        organizing, staffing, directing, and 
                        controlling each major activity and function of 
                        a small business concern; and
                            ``(iii) marketing education, including 
                        training and counseling in--
                                    ``(I) identifying and segmenting 
                                domestic and international market 
                                opportunities;
                                    ``(II) preparing and executing 
                                marketing plans;
                                    ``(III) developing pricing 
                                strategies;
                                    ``(IV) locating contract 
                                opportunities;
                                    ``(V) negotiating contracts; and
                                    ``(VI) using varying public 
                                relations and advertising techniques.
                    ``(B) Business development assistance recipients.--
                The business development assistance under subparagraph 
                (A) shall be offered to prospective and current owners 
                of Native American small business concerns.
            ``(3) Form of federal financial assistance.--
                    ``(A) Documentation.--The financial assistance to 
                Native American business centers authorized under this 
                subsection may be made by grant, contract, or 
                cooperative agreement.
                    ``(B) Payments.--
                            ``(i) Timing.--Payments made under this 
                        subsection may be disbursed in periodic 
                        installments, at the request of the recipient.
                            ``(ii) Advance.--The Administrator may 
                        disburse not more than 25 percent of the annual 
                        amount of Federal financial assistance awarded 
                        to a Native American business center after 
                        notice of the award has been issued.
                    ``(C) Non-federal contributions.--
                            ``(i) In general.--
                                    ``(I) Initial financial 
                                assistance.--Except as provided in 
                                subclause (II), an eligible applicant 
                                that receives financial assistance 
                                under this subsection shall provide 
                                non-Federal contributions for the 
                                operation of the Native American 
                                business center established by the 
                                eligible applicant in an amount equal 
                                to--
                                            ``(aa) in each of the first 
                                        and second years of the 
                                        project, not less than 33 
                                        percent of the amount of the 
                                        financial assistance received 
                                        under this subsection; and
                                            ``(bb) in the third through 
                                        fifth years of the project, not 
                                        less than 50 percent of the 
                                        amount of the financial 
                                        assistance received under this 
                                        subsection.
                                    ``(II) Renewals.--An eligible 
                                applicant that receives a renewal of 
                                financial assistance under this 
                                subsection shall provide non-Federal 
                                contributions for the operation of a 
                                Native American business center 
                                established by the eligible applicant 
                                in an amount equal to not less than 50 
                                percent of the amount of the financial 
                                assistance received under this 
                                subsection.
                                    ``(III) Exceptions.--The 
                                requirements of this section may be 
                                waived at the discretion of the 
                                Administrator, based on an evaluation 
                                of the ability of the eligible 
                                applicant to provide non-Federal 
                                contributions.
            ``(4) Contract and cooperative agreement authority.--A 
        Native American business center may enter into a contract or 
        cooperative agreement with a Federal department or agency to 
        provide specific assistance to Native American and other 
        underserved small business concerns located on or near tribal 
        land, to the extent that the contract or cooperative agreement 
        is consistent with and does not duplicate the terms of any 
        assistance received by the Native American business center from 
        the Administration.
            ``(5) Application process.--
                    ``(A) Submission of a 5-year plan.--Each applicant 
                for assistance under paragraph (1) shall submit a 5-
                year plan to the Administration on proposed assistance 
                and training activities.
                    ``(B) Criteria.--
                            ``(i) In general.--The Administrator shall 
                        evaluate applicants for financial assistance 
                        under this subsection in accordance with 
                        selection criteria that are--
                                    ``(I) established before the date 
                                on which eligible applicants are 
                                required to submit the applications;
                                    ``(II) stated in terms of relative 
                                importance; and
                                    ``(III) publicly available and 
                                stated in each solicitation for 
                                applications for financial assistance 
                                under this subsection made by the 
                                Administrator.
                            ``(ii) Considerations.--The criteria 
                        required by this subparagraph shall include--
                                    ``(I) the experience of the 
                                applicant in conducting programs or 
                                ongoing efforts designed to impart or 
                                upgrade the business skills of current 
                                or potential owners of Native American 
                                small business concerns;
                                    ``(II) the ability of the applicant 
                                to commence a project within a minimum 
                                amount of time;
                                    ``(III) the ability of the 
                                applicant to provide quality training 
                                and services to a significant number of 
                                Native Americans;
                                    ``(IV) previous assistance from the 
                                Administration to provide services in 
                                Native American communities;
                                    ``(V) the proposed location for the 
                                Native American business center, with 
                                priority given based on the proximity 
                                of the center to the population being 
                                served and to achieve a broad 
                                geographic dispersion of the centers; 
                                and
                                    ``(VI) demonstrated experience in 
                                providing technical assistance, 
                                including financial, marketing, and 
                                management assistance.
            ``(6) Conditions for participation.--Each eligible 
        applicant desiring a grant under this subsection shall submit 
        an application to the Administrator that contains--
                    ``(A) a certification that the applicant--
                            ``(i) is an eligible applicant;
                            ``(ii) employs a full-time executive 
                        director, project director, or program manager 
                        to manage the Native American business center; 
                        and
                            ``(iii) agrees--
                                    ``(I) to a site visit by the 
                                Administrator as part of the final 
                                selection process;
                                    ``(II) to an annual programmatic 
                                and financial examination; and
                                    ``(III) to the maximum extent 
                                practicable, to remedy any problems 
                                identified pursuant to that site visit 
                                or examination;
                    ``(B) information demonstrating that the applicant 
                has the ability and resources to meet the needs, 
                including cultural needs, of the Native Americans to be 
                served by the grant;
                    ``(C) information relating to proposed assistance 
                that the grant will provide, including--
                            ``(i) the number of individuals to be 
                        assisted; and
                            ``(ii) the number of hours of counseling, 
                        training, and workshops to be provided;
                    ``(D) information demonstrating the effectiveness 
                and experience of the applicant in--
                            ``(i) conducting financial, management, and 
                        marketing assistance programs designed to 
                        educate or improve the business skills of 
                        current or prospective Native American business 
                        owners;
                            ``(ii) providing training and services to a 
                        representative number of Native Americans;
                            ``(iii) using resource partners of the 
                        Administration and other entities, including 
                        institutions of higher education, Indian 
                        tribes, or tribal colleges; and
                            ``(iv) the prudent management of finances 
                        and staffing;
                    ``(E) the location at which the applicant will 
                provide training and services to Native Americans;
                    ``(F) a 5-year plan that describes--
                            ``(i) the number of Native Americans and 
                        Native American small business concerns to be 
                        served by the grant;
                            ``(ii) if the Native American business 
                        center is located in the continental United 
                        States, the number of Native Americans to be 
                        served by the grant; and
                            ``(iii) the training and services to be 
                        provided to a representative number of Native 
                        Americans; and
                    ``(G) if the applicant is a joint project--
                            ``(i) a certification that each participant 
                        in the joint project is an eligible applicant;
                            ``(ii) information demonstrating a record 
                        of commitment to providing assistance to Native 
                        Americans; and
                            ``(iii) information demonstrating that the 
                        participants in the joint project have the 
                        ability and resources to meet the needs, 
                        including the cultural needs, of the Native 
                        Americans to be served by the grant.
            ``(7) Review of applications.--The Administrator shall 
        approve or disapprove each completed application submitted 
        under this subsection not later than 90 days after the date on 
        which the eligible applicant submits the application.
            ``(8) Program examination.--
                    ``(A) In general.--Each Native American business 
                center established under this subsection shall annually 
                provide to the Administrator an itemized cost breakdown 
                of actual expenditures made during the preceding year.
                    ``(B) Administration action.--Based on information 
                received under subparagraph (A), the Administration 
                shall--
                            ``(i) develop and implement an annual 
                        programmatic and financial examination of each 
                        Native American business center assisted 
                        pursuant to this subsection; and
                            ``(ii) analyze the results of each 
                        examination conducted under clause (i) to 
                        determine the programmatic and financial 
                        viability of each Native American business 
                        center.
                    ``(C) Conditions for continued funding.--In 
                determining whether to renew a grant, contract, or 
                cooperative agreement with a Native American business 
                center, the Administration--
                            ``(i) shall consider the results of the 
                        most recent examination of the center under 
                        subparagraph (B), and, to a lesser extent, 
                        previous examinations; and
                            ``(ii) may withhold the renewal, if the 
                        Administrator determines that--
                                    ``(I) the center has failed to 
                                provide the information required to be 
                                provided under subparagraph (A), or the 
                                information provided by the center is 
                                inadequate;
                                    ``(II) the center has failed to 
                                provide adequate information required 
                                to be provided by the center for 
                                purposes of the report of the 
                                Administrator under subparagraph (E);
                                    ``(III) the center has failed to 
                                comply with a requirement for 
                                participation in the Native American 
                                small business development program, as 
                                determined by the Administrator, 
                                including--
                                            ``(aa) failure to acquire 
                                        or properly document a non-
                                        Federal contribution;
                                            ``(bb) failure to establish 
                                        an appropriate partnership or 
                                        program for marketing and 
                                        outreach to reach new Native 
                                        American small business 
                                        concerns;
                                            ``(cc) failure to achieve 
                                        results described in a 
                                        financial assistance agreement; 
                                        and
                                            ``(dd) failure to provide 
                                        to the Administrator a 
                                        description of the amount and 
                                        sources of any non-Federal 
                                        funding received by the center;
                                    ``(IV) the center has failed to 
                                carry out the 5-year plan under in 
                                paragraph (6)(F); or
                                    ``(V) the center cannot make the 
                                certification described in paragraph 
                                (6)(A).
                    ``(D) Continuing contract and cooperative agreement 
                authority.--
                            ``(i) In general.--The authority of the 
                        Administrator to enter into contracts or 
                        cooperative agreements in accordance with this 
                        subsection shall be in effect for each fiscal 
                        year only to the extent and in the amounts as 
                        are provided in advance in appropriations Acts.
                            ``(ii) Renewal.--After the Administrator 
                        has entered into a contract or cooperative 
                        agreement with any Native American business 
                        center under this subsection, the Administrator 
                        may not suspend, terminate, or fail to renew or 
                        extend any such contract or cooperative 
                        agreement unless the Administrator--
                                    ``(I) provides the center with 
                                written notification that describes the 
                                reasons for the action of the 
                                Administrator; and
                                    ``(II) affords the center an 
                                opportunity for a hearing, appeal, or 
                                other administrative proceeding under 
                                chapter 5 of title 5, United States 
                                Code.
                    ``(E) Annual management report.--
                            ``(i) In general.--The Administrator shall 
                        prepare and submit to the Committee on Small 
                        Business and Entrepreneurship and the Committee 
                        on Indian Affairs of the Senate and the 
                        Committee on Small Business and the Committee 
                        on Natural Resources of the House of 
                        Representatives an annual report on the 
                        effectiveness of all projects conducted by 
                        Native American business centers under this 
                        subsection and any pilot programs administered 
                        by the Office of Native American Affairs.
                            ``(ii) Contents.--Each report submitted 
                        under clause (i) shall include, with respect to 
                        each Native American business center receiving 
                        financial assistance under this subsection--
                                    ``(I) the number of individuals 
                                receiving assistance from the Native 
                                American business center;
                                    ``(II) the number of startup 
                                business concerns established with the 
                                assistance of the Native American 
                                business center;
                                    ``(III) the number of existing 
                                businesses in the area served by the 
                                Native American business center seeking 
                                to expand employment;
                                    ``(IV) the number of jobs 
                                established or maintained, on an annual 
                                basis, by Native American small 
                                business concerns assisted by the 
                                center since receiving funding under 
                                this section;
                                    ``(V) to the maximum extent 
                                practicable, the amount of the capital 
                                investment and loan financing used by 
                                emerging and expanding businesses that 
                                were assisted by a Native American 
                                business center;
                                    ``(VI) any additional information 
                                on the counseling and training program 
                                that the Administrator determines to be 
                                necessary; and
                                    ``(VII) the most recent 
                                examination, as required under 
                                subparagraph (B), and the determination 
                                made by the Administration under that 
                                subparagraph.
            ``(9) Annual reports.--Each Native American business center 
        receiving financial assistance under this subsection shall 
        submit to the Administrator an annual report on the services 
        provided with the financial assistance, including--
                    ``(A) the number of individuals assisted, by tribal 
                affiliation;
                    ``(B) the number of hours spent providing 
                counseling and training for those individuals;
                    ``(C) the number of startup small business concerns 
                established or maintained with the assistance of the 
                Native American business center;
                    ``(D) the gross receipts of small business concerns 
                assisted by the Native American business center;
                    ``(E) the number of jobs established or maintained 
                by small business concerns assisted by the Native 
                American business center; and
                    ``(F) the number of jobs for Native Americans 
                established or maintained at small business concerns 
                assisted by the Native American business center.
            ``(10) Record retention.--
                    ``(A) Applications.--The Administrator shall 
                maintain a copy of each application submitted under 
                this subsection for not less than 7 years.
                    ``(B) Annual reports.--The Administrator shall 
                maintain copies of the certification submitted under 
                paragraph (6)(A) indefinitely.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out the Native American small business development 
        program $10,000,000 for each of fiscal years 2011 through 2013.
            ``(2) Administration.--Not more than 10 percent of funds 
        appropriated for a fiscal year may be used for the costs of 
        administering the programs under this section.''.

               Subtitle D--Veterans' Business Development

SEC. 281. VETERANS' BUSINESS CENTER PROGRAM; OFFICE OF VETERANS 
              BUSINESS DEVELOPMENT.

    (a) In General.--Section 32 of the Small Business Act (15 U.S.C. 
657b) is amended by striking subsection (f) and inserting the 
following:
    ``(f) Online Coordination.--
            ``(1) Definition.--In this subsection, the term `veterans' 
        assistance provider' means--
                    ``(A) a veterans' business center established under 
                subsection (g);
                    ``(B) an employee of the Administration assigned to 
                the Office of Veterans Business Development; and
                    ``(C) a veterans business ownership representative 
                designated under subsection (g)(13)(B).
            ``(2) Establishment.--The Associate Administrator shall 
        establish an online mechanism to--
                    ``(A) provide information that assists veterans' 
                assistance providers in carrying out the activities of 
                the veterans' assistance providers; and
                    ``(B) coordinate and leverage the work of the 
                veterans' assistance providers, including by allowing a 
                veterans' assistance provider to--
                            ``(i) distribute best practices and other 
                        materials;
                            ``(ii) communicate with other veterans' 
                        assistance providers regarding the activities 
                        of the veterans' assistance provider on behalf 
                        of veterans; and
                            ``(iii) pose questions to and request input 
                        from other veterans' assistance providers.
    ``(g) Veterans' Business Center Program.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `active duty' has the meaning given 
                that term in section 101 of title 10, United States 
                Code;
                    ``(B) the term `private nonprofit organization' 
                means an entity that is described in section 501(c) of 
                the Internal Revenue Code of 1986 and exempt from 
                taxation under section 501(a) of such Code;
                    ``(C) 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;
                    ``(D) the term `SCORE program' means the SCORE 
                program authorized under section 8(b)(1);
                    ``(E) the term `small business concern owned and 
                controlled by veterans'--
                            ``(i) has the same meaning as in section 
                        3(q); and
                            ``(ii) includes a small business concern--
                                    ``(I) not less than 51 percent of 
                                which is owned by one or more spouses 
                                of veterans or, in the case of any 
                                publicly owned business, not less than 
                                51 percent of the stock of which is 
                                owned by one or more spouses of 
                                veterans; and
                                    ``(II) the management and daily 
                                business operations of which are 
                                controlled by one or more spouses of 
                                veterans;
                    ``(F) the term `spouse', relating to a veteran, 
                service-disabled veteran, or Reservist, includes an 
                individual who is the spouse of a veteran, service-
                disabled veteran, or Reservist on the date on which the 
                veteran, service-disabled veteran, or Reservist died;
                    ``(G) the term `veterans' business center program' 
                means the program established under paragraph (2)(A); 
                and
                    ``(H) the term `women's business center' means a 
                women's business center described in section 29.
            ``(2) Program established.--
                    ``(A) In general.--The Administrator, acting 
                through the Associate Administrator, shall establish a 
                veterans' business center program, under which the 
                Associate Administrator may provide financial 
                assistance to a private nonprofit organization to 
                conduct a 5-year project for the benefit of small 
                business concerns owned and controlled by veterans, 
                which may be renewed for one or more additional 5-year 
                periods.
                    ``(B) Form of financial assistance.--Financial 
                assistance under this subsection may be in the form of 
                a grant, a contract, or a cooperative agreement.
            ``(3) Veterans' business centers.--Each private nonprofit 
        organization that receives financial assistance under this 
        subsection shall establish or operate a veterans' business 
        center (which may include establishing or operating satellite 
        offices in the region described in paragraph (5) served by that 
        private nonprofit organization) that provides to veterans 
        (including service-disabled veterans), Reservists, and the 
        spouses of veterans (including service-disabled veterans) and 
        Reservists--
                    ``(A) financial advice, including training and 
                counseling on applying for and securing business credit 
                and investment capital, preparing and presenting 
                financial statements, and managing cash flow and other 
                financial operations of a small business concern;
                    ``(B) management advice, including training and 
                counseling on the planning, organization, staffing, 
                direction, and control of each major activity and 
                function of a small business concern;
                    ``(C) marketing advice, including training and 
                counseling on identifying and segmenting domestic and 
                international market opportunities, preparing and 
                executing marketing plans, developing pricing 
                strategies, locating contract opportunities, 
                negotiating contracts, and using public relations and 
                advertising techniques; and
                    ``(D) advice, including training and counseling, 
                for Reservists and the spouses of Reservists.
            ``(4) Application.--
                    ``(A) In general.--A private nonprofit organization 
                desiring to receive financial assistance under this 
                subsection shall submit an application to the Associate 
                Administrator at such time and in such manner as the 
                Associate Administrator may require.
                    ``(B) 5-year plan.--Each application described in 
                subparagraph (A) shall include a 5-year plan on 
                proposed fundraising and training activities relating 
                to the veterans' business center.
                    ``(C) Determination and notification.--Not later 
                than 60 days after the date on which a private 
                nonprofit organization submits an application under 
                subparagraph (A), the Associate Administrator shall 
                approve or deny the application and notify the 
                applicant of the determination.
                    ``(D) Availability of application.--The Associate 
                Administrator shall make every effort to make the 
                application under subparagraph (A) available online.
            ``(5) Eligibility.--The Associate Administrator may select 
        to receive financial assistance under this subsection--
                    ``(A) a Veterans Business Outreach Center 
                established by the Administrator under section 8(b)(17) 
                on or before the day before the date of enactment of 
                this subsection; or
                    ``(B) private nonprofit organizations located in 
                various regions of the United States, as the Associate 
                Administrator determines is appropriate.
            ``(6) Selection criteria.--
                    ``(A) In general.--The Associate Administrator 
                shall establish selection criteria, stated in terms of 
                relative importance, to evaluate and rank applicants 
                under paragraph (5)(C) for financial assistance under 
                this subsection.
                    ``(B) Criteria.--The selection criteria established 
                under this paragraph shall include--
                            ``(i) the experience of the applicant in 
                        conducting programs or ongoing efforts designed 
                        to impart or upgrade the business skills of 
                        veterans, and the spouses of veterans, who own 
                        or may own small business concerns;
                            ``(ii) for an applicant for initial 
                        financial assistance under this subsection--
                                    ``(I) the ability of the applicant 
                                to begin operating a veterans' business 
                                center within a minimum amount of time; 
                                and
                                    ``(II) the geographic region to be 
                                served by the veterans' business 
                                center;
                            ``(iii) the demonstrated ability of the 
                        applicant to--
                                    ``(I) provide managerial counseling 
                                and technical assistance to 
                                entrepreneurs; and
                                    ``(II) coordinate services provided 
                                by veterans services organizations and 
                                other public or private entities; and
                            ``(iv) for any applicant for a renewal of 
                        financial assistance under this subsection, the 
                        results of the most recent examination under 
                        paragraph (10) of the veterans' business center 
                        operated by the applicant.
                    ``(C) Criteria publicly available.--The Associate 
                Administrator shall--
                            ``(i) make publicly available the selection 
                        criteria established under this paragraph; and
                            ``(ii) include the criteria in each 
                        solicitation for applications for financial 
                        assistance under this subsection.
            ``(7) Amount of assistance.--The amount of financial 
        assistance provided under this subsection to a private 
        nonprofit organization for each fiscal year shall be--
                    ``(A) not less than $150,000; and
                    ``(B) not more than $200,000.
            ``(8) Federal share.--
                    ``(A) In general.--
                            ``(i) Initial financial assistance.--Except 
                        as provided in clause (ii) and subparagraph 
                        (E), a private nonprofit organization that 
                        receives financial assistance under this 
                        subsection shall provide non-Federal 
                        contributions for the operation of the 
                        veterans' business center established by the 
                        private nonprofit organization in an amount 
                        equal to--
                                    ``(I) in each of the first and 
                                second years of the project, not less 
                                than 33 percent of the amount of the 
                                financial assistance received under 
                                this subsection; and
                                    ``(II) in each of the third through 
                                fifth years of the project, not less 
                                than 50 percent of the amount of the 
                                financial assistance received under 
                                this subsection.
                            ``(ii) Renewals.--A private nonprofit 
                        organization that receives a renewal of 
                        financial assistance under this subsection 
                        shall provide non-Federal contributions for the 
                        operation of the veterans' business center 
                        established by the private nonprofit 
                        organization in an amount equal to not less 
                        than 50 percent of the amount of the financial 
                        assistance received under this subsection.
                    ``(B) Form of non-federal share.--Not more than 50 
                percent of the non-Federal share for a project carried 
                out using financial assistance under this subsection 
                may be in the form of in-kind contributions.
                    ``(C) Timing of disbursement.--The Associate 
                Administrator may disburse not more than 25 percent of 
                the financial assistance awarded to a private nonprofit 
                organization before the private nonprofit organization 
                obtains the non-Federal share required under this 
                paragraph with respect to that award.
                    ``(D) Failure to obtain non-federal funding.--
                            ``(i) In general.--If a private nonprofit 
                        organization that receives financial assistance 
                        under this subsection fails to obtain the non-
                        Federal share required under this paragraph 
                        during any fiscal year, the private nonprofit 
                        organization may not receive a disbursement 
                        under this subsection in a subsequent fiscal 
                        year or a disbursement for any other project 
                        funded by the Administration, unless the 
                        Administrator makes a written determination 
                        that the private nonprofit organization will be 
                        able to obtain a non-Federal contribution.
                            ``(ii) Restoration.--A private nonprofit 
                        organization prohibited from receiving a 
                        disbursement under clause (i) in a fiscal year 
                        may receive financial assistance in a 
                        subsequent fiscal year if the organization 
                        obtains the non-Federal share required under 
                        this paragraph for the subsequent fiscal year.
                    ``(E) Waiver of non-federal share.--
                            ``(i) In general.--Upon request by a 
                        private nonprofit organization, and in 
                        accordance with this subparagraph, the 
                        Administrator may waive, in whole or in part, 
                        the requirement to obtain non-Federal funds 
                        under subparagraph (A) for a fiscal year. The 
                        Administrator may not waive the requirement for 
                        a private nonprofit organization to obtain non-
                        Federal funds under this subparagraph 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 subparagraph, the 
                        Administrator shall consider--
                                    ``(I) the economic conditions 
                                affecting the private nonprofit 
                                organization;
                                    ``(II) the impact a waiver under 
                                this subparagraph would have on the 
                                credibility of the veterans' business 
                                center program;
                                    ``(III) the demonstrated ability of 
                                the private nonprofit organization to 
                                raise non-Federal funds; and
                                    ``(IV) the performance of the 
                                private nonprofit organization.
                            ``(iii) Limitation.--The Administrator may 
                        not waive the requirement to obtain non-Federal 
                        funds under this subparagraph if granting the 
                        waiver would undermine the credibility of the 
                        veterans' business center program.
            ``(9) Contract authority.--A veterans' business center may 
        enter into a contract with a Federal department or agency to 
        provide specific assistance to veterans, service-disabled 
        veterans, Reservists, or the spouses of veterans, service-
        disabled veterans, or Reservists. Performance of such contract 
        shall not hinder the veterans' business center in carrying out 
        the terms of the grant received by the veterans' business 
        centers from the Administrator.
            ``(10) Examination and determination of viability.--
                    ``(A) Examination.--
                            ``(i) In general.--The Associate 
                        Administrator shall conduct an annual 
                        examination of the programs and finances of 
                        each veterans' business center established or 
                        operated using financial assistance under this 
                        subsection.
                            ``(ii) Factors.--In conducting the 
                        examination under clause (i), the Associate 
                        Administrator shall consider whether the 
                        veterans' business center has failed--
                                    ``(I) to provide the information 
                                required to be provided under 
                                subparagraph (B), or the information 
                                provided by the center is inadequate;
                                    ``(II) the center has failed to 
                                comply with a requirement for 
                                participation in the veterans' business 
                                center program, as determined by the 
                                Assistant Administrator, including--
                                            ``(aa) failure to acquire 
                                        or properly document a non-
                                        Federal share;
                                            ``(bb) failure to establish 
                                        an appropriate partnership or 
                                        program for marketing and 
                                        outreach to small business 
                                        concerns;
                                            ``(cc) failure to achieve 
                                        results described in a 
                                        financial assistance agreement; 
                                        and
                                            ``(dd) failure to provide 
                                        to the Administrator a 
                                        description of the amount and 
                                        sources of any non-Federal 
                                        funding received by the center;
                                    ``(III) to carry out the 5-year 
                                plan under in paragraph (4)(B); or
                                    ``(IV) to meet the eligibility 
                                requirements under paragraph (5).
                    ``(B) Information provided.--In the course of an 
                examination under subparagraph (A), the veterans' 
                business center shall provide to the Associate 
                Administrator--
                            ``(i) an itemized cost breakdown of actual 
                        expenditures for costs incurred during the most 
                        recent full fiscal year;
                            ``(ii) documentation of the amount of non-
                        Federal contributions obtained and expended by 
                        the veterans' business center during the most 
                        recent full fiscal year; and
                            ``(iii) with respect to any in-kind 
                        contribution under paragraph (8)(B), 
                        verification of the existence and valuation of 
                        such contributions.
                    ``(C) Determination of viability.--The Associate 
                Administrator shall analyze the results of each 
                examination under this paragraph and, based on that 
                analysis, make a determination regarding the viability 
                of the programs and finances of each veterans' business 
                center.
                    ``(D) Discontinuation of funding.--
                            ``(i) In general.--The Associate 
                        Administrator may discontinue an award of 
                        financial assistance to a private nonprofit 
                        organization at any time if the Associate 
                        Administrator determines under subparagraph (C) 
                        that the veterans' business center operated by 
                        that organization is not viable.
                            ``(ii) Restoration.--The Associate 
                        Administrator may continue to provide financial 
                        assistance to a private nonprofit organization 
                        in a subsequent fiscal year if the Associate 
                        Administrator determines under subparagraph (C) 
                        that the veterans' business center is viable.
            ``(11) Privacy requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a veterans' business center 
                established or operated using financial assistance 
                provided under this subsection may not disclose the 
                name, address, or telephone number of any individual or 
                small business concern that receives advice from the 
                veterans' business center without the consent of the 
                individual or small business concern.
                    ``(B) Exception.--A veterans' business center may 
                disclose information described in subparagraph (A)--
                            ``(i) if the Administrator or Associate 
                        Administrator is ordered to make such a 
                        disclosure by a court in any civil or criminal 
                        enforcement action initiated by a Federal or 
                        State agency; or
                            ``(ii) to the extent that the Administrator 
                        or Associate Administrator determines that such 
                        a disclosure is necessary to conduct a 
                        financial audit of a veterans' business center.
                    ``(C) Administration use of information.--This 
                paragraph does not--
                            ``(i) restrict access by the Administrator 
                        to program activity data; or
                            ``(ii) prevent the Administrator from using 
                        information not described in subparagraph (A) 
                        to conduct surveys of individuals or small 
                        business concerns that receive advice from a 
                        veterans' business center.
                    ``(D) Regulations.--The Administrator shall issue 
                regulations to establish standards for requiring 
                disclosures under subparagraph (B)(ii).
            ``(12) Report.--
                    ``(A) In general.--Not later than 60 days after the 
                end of each fiscal year, the Associate Administrator 
                shall submit to the Committee on Small Business and 
                Entrepreneurship of the Senate and the Committee on 
                Small Business of the House of Representatives a report 
                on the effectiveness of the veterans' business center 
                program in each region during the most recent full 
                fiscal year.
                    ``(B) Contents.--Each report under this paragraph 
                shall include, at a minimum, for each veterans' 
                business center established or operated using financial 
                assistance provided under this subsection--
                            ``(i) the number of individuals receiving 
                        assistance from the veterans' business center, 
                        including the number of such individuals who 
                        are--
                                    ``(I) veterans or spouses of 
                                veterans;
                                    ``(II) service-disabled veterans or 
                                spouses of service-disabled veterans; 
                                or
                                    ``(III) Reservists or spouses of 
                                Reservists;
                            ``(ii) the number of startup small business 
                        concerns formed by individuals receiving 
                        assistance from the veterans' business center, 
                        including--
                                    ``(I) veterans or spouses of 
                                veterans;
                                    ``(II) service-disabled veterans or 
                                spouses of service-disabled veterans; 
                                or
                                    ``(III) Reservists or spouses of 
                                Reservists;
                            ``(iii) the gross receipts of small 
                        business concerns that receive advice from the 
                        veterans' business center;
                            ``(iv) the employment increases or 
                        decreases of small business concerns that 
                        receive advice from the veterans' business 
                        center;
                            ``(v) to the maximum extent practicable, 
                        the increases or decreases in profits of small 
                        business concerns that receive advice from the 
                        veterans' business center; and
                            ``(vi) the results of the examination of 
                        the veterans' business center under paragraph 
                        (10).
            ``(13) Coordination of efforts and consultation.--
                    ``(A) Coordination and consultation.--To the extent 
                practicable, the Associate Administrator and each 
                private nonprofit organization that receives financial 
                assistance under this subsection shall--
                            ``(i) coordinate outreach and other 
                        activities with other programs of the 
                        Administration and the programs of other 
                        Federal agencies;
                            ``(ii) consult with technical 
                        representatives of the district offices of the 
                        Administration in carrying out activities using 
                        financial assistance under this subsection; and
                            ``(iii) provide information to the veterans 
                        business ownership representatives designated 
                        under subparagraph (B) and coordinate with the 
                        veterans business ownership representatives to 
                        increase the ability of the veterans business 
                        ownership representatives to provide services 
                        throughout the area served by the veterans 
                        business ownership representatives.
                    ``(B) Veterans business ownership 
                representatives.--
                            ``(i) Designation.--The Administrator shall 
                        designate not fewer than 1 individual in each 
                        district office of the Administration as a 
                        veterans business ownership representative, who 
                        shall communicate and coordinate activities of 
                        the district office with private nonprofit 
                        organizations that receive financial assistance 
                        under this subsection.
                            ``(ii) Initial designation.--The first 
                        individual in each district office of the 
                        Administration designated by the Administrator 
                        as a veterans business ownership representative 
                        under clause (i) shall be an individual that is 
                        employed by the Administration on the date of 
                        enactment of this subsection.
            ``(14) Existing contracts.--An award of financial 
        assistance under this subsection shall not void any contract 
        between a private nonprofit organization and the Administration 
        that is in effect on the date of such award.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated--
            ``(1) to carry out subsections (a) through (f), $2,000,000 
        for each of fiscal years 2011 through 2013; and
            ``(2) to carry out subsection (g)--
                    ``(A) $8,000,000 for fiscal year 2011;
                    ``(B) $8,500,000 for fiscal year 2012; and
                    ``(C) $9,000,000 for fiscal year 2013.''.
    (b) GAO Reports.--
            (1) Definitions.--In this subsection--
                    (A) the terms ``Reservist'', ``small business 
                concern owned and controlled by veterans'', and 
                ``veterans' business center program'' have the meanings 
                given those terms in section 32(g) of the Small 
                Business Act, as added by subsection (a); and
                    (B) the term ``veteran'' has the meaning given that 
                term in section 3 of the Small Business Act (15 U.S.C. 
                632).
            (2) Report on access to credit.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Comptroller General 
                of the United States shall submit a report regarding 
                the ability of small business concern owned and 
                controlled by veterans to access credit to--
                            (i) the Committee on Veterans' Affairs and 
                        the Committee on Small Business and 
                        Entrepreneurship of the Senate; and
                            (ii) the Committee on Veterans' Affairs and 
                        the Committee on Small Business of the House of 
                        Representatives.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include an analysis of--
                            (i) the sources of credit used by small 
                        business concerns owned and controlled by 
                        veterans and percentage of the credit obtained 
                        by small business concern owned and controlled 
                        by veterans that is obtained from each source;
                            (ii) the default rate for small business 
                        concerns owned and controlled by veterans 
                        separately for each source of credit described 
                        in clause (i), as compared to the default rate 
                        for the source of credit for small business 
                        concerns generally;
                            (iii) the Federal lending programs 
                        available to provide credit to small business 
                        concerns owned and controlled by veterans;
                            (iv) gaps, if any, in the availability of 
                        credit for small business concerns owned and 
                        controlled by veterans that are not being 
                        filled by the Federal Government or private 
                        sources;
                            (v) obstacles faced by veterans in trying 
                        to access credit;
                            (vi) the extent to which deployment and 
                        other military responsibilities affect the 
                        credit history of veterans and Reservists; and
                            (vii) the extent to which veterans are 
                        aware of Federal programs targeted towards 
                        helping veterans access credit.
            (3) Report on veterans' business center program.--
                    (A) In general.--Not later than 60 days after the 
                end of the second fiscal year beginning after the date 
                on which the veterans' business center program is 
                established, the Comptroller General of the United 
                States shall evaluate the effectiveness of the 
                veterans' business center program, and submit to 
                Congress a report on the results of that evaluation.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include--
                            (i) an assessment of--
                                    (I) the use of amounts made 
                                available to carry out the veterans' 
                                business center program;
                                    (II) the effectiveness of the 
                                services provided by each private 
                                nonprofit organization receiving 
                                financial assistance under the 
                                veterans' business center program;
                                    (III) whether the services 
                                described in subclause (II) are 
                                duplicative of services provided by 
                                other veteran service organizations, 
                                programs of the Small Business 
                                Administration, or programs of another 
                                Federal department or agency and, if 
                                so, recommendations regarding how to 
                                alleviate the duplication of the 
                                services; and
                                    (IV) whether there are areas of the 
                                United States in which there are not 
                                adequate entrepreneurial services for 
                                small business concerns owned and 
                                controlled by veterans and, if so, 
                                whether there is a veterans' business 
                                center established under the veterans' 
                                business center program providing 
                                services to that area; and
                            (ii) recommendations, if any, for improving 
                        the veterans' business center program.
    (c) Reporting Requirement for Interagency Task Force.--Section 
32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by 
adding at the end the following:
            ``(4) Report.--Not less frequently than twice each year, 
        the Administrator shall submit to Congress a report on the 
        appointments made to and activities of the task force.''.
    (d) Repeal and Renewal of Grants.--
            (1) Definition.--In this subsection, the term ``covered 
        grant, contract, or cooperative agreement'' means a grant, 
        contract, or cooperative agreement that was--
                    (A) made or entered into under section 8(b)(17) of 
                the Small Business Act (15 U.S.C. 637(b)(17)); and
                    (B) in effect on or before the date described in 
                paragraph (2)(B).
            (2) Repeal.--
                    (A) In general.--Section 8(b) of the Small Business 
                Act (15 U.S.C. 637(b)) is amended--
                            (i) in paragraph (15), by adding ``and'' at 
                        the end;
                            (ii) in paragraph (16), by striking ``; 
                        and'' and inserting a period; and
                            (iii) by striking paragraph (17).
                    (B) Effective date.--The amendments made by 
                paragraph (1) shall take effect 60 days after the date 
                of enactment of this Act.
            (3) Transitional rules.--
                    (A) In general.--Notwithstanding any other 
                provision of law, a covered grant, contract, or 
                cooperative agreement shall remain in full force and 
                effect under the terms, and for the duration, of the 
                covered grant, contract, or agreement.
                    (B) Additional requirements.--Any organization that 
                was awarded or entered into a covered grant, contract, 
                or cooperative agreement shall be subject to the 
                requirements of section 32(g) of the Small Business Act 
                (15 U.S.C. 657b(g)) (as added by subsection (a)).
            (4) Renewal of financial assistance.--An organization that 
        was awarded or entered into a covered grant, contract, or 
        cooperative agreement may apply for a renewal of the grant, 
        contract, or agreement under the terms and conditions described 
        in section 32(g) of the Small Business Act (15 U.S.C. 657b(g)) 
        (as added by subsection (a)).

               TITLE III--DISASTER RELIEF AND ASSISTANCE

SEC. 301. IMPROVEMENTS TO THE PIONEER BUSINESS RECOVERY PROGRAM.

    (a) In General.--Section 12085 of the Food, Conservation, and 
Energy Act of 2008 (15 U.S.C. 636j) is amended--
            (1) in the section heading, by striking ``expedited 
        disaster assistance loan program'' and inserting ``pioneer 
        business recovery program'';
            (2) by striking ``expedited disaster assistance business 
        loan program'' each place it appears and inserting ``Pioneer 
        Business Recovery Program'';
            (3) in subsection (b) by striking ``paragraph (9)'' and all 
        that follows and inserting ``section 7(b) of the Small Business 
        Act (15 U.S.C. 636(b)).''; and
            (4) in subsection (d)(3)(A), by striking ``$150,000'' and 
        inserting ``$250,000''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Food, Conservation, and Energy Act of 2008 (Public 
Law 110-246; 122 Stat. 1651) is amended by striking the item relating 
to section 12085 and inserting the following:

``Sec. 12085. Pioneer Business Recovery Program.''.

SEC. 302. INCREASED LIMITS.

    (a) Homeowners and Lessees.--Section 7 of the Small Business Act 
(15 U.S.C. 636) is amended--
            (1) in subsection (d)(6)--
                    (A) by striking ``$100,000'' and inserting 
                ``$400,000''; and
                    (B) by striking ``$20,000'' and inserting 
                ``$80,000'';
            (2) by striking ``(e) [RESERVED].''; and
            (3) by striking ``(f) [RESERVED].''.
    (b) Other Loans.--Section 7(b) of the Small Business Act (15 U.S.C. 
636(b)) is amended--
            (1) in paragraph (3)(E) by striking ``$1,500,000'' each 
        place it appears and inserting ``$4,000,000''; and
            (2) in paragraph (8)(A) by striking ``$2,000,000'' and 
        inserting ``$4,000,000''.

SEC. 303. MODIFIED COLLATERAL REQUIREMENTS.

    Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is 
amended by inserting after ``which are made under paragraph (1) of 
subsection (b)'' the following: ``: Provided further, That the 
Administrator shall not require collateral for a loan of not more than 
$200,000 under paragraph (1) or (2) of subsection (b) relating to 
damage to or destruction of property of, or economic injury to, a small 
business concern''.

SEC. 304. REGIONAL OUTREACH ON DISASTER ASSISTANCE PROGRAMS.

    (a) Report.--In accordance with sections 7(b)(4) and 40(a) of the 
Small Business Act (15 U.S.C. 636(b)(4) and 657l(a)) and not later than 
60 days after the date of enactment of this Act, 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 detailing--
            (1) information on the disasters, manmade or natural, most 
        likely to occur in each region of the Administration and likely 
        scenarios for each disaster in each region;
            (2) information on plans of the Administration, if any, to 
        conduct annual disaster outreach seminars, including events 
        with resource partners of the Administration, in each region 
        before periods of predictable disasters described in paragraph 
        (1);
            (3) information on plans of the Administration for 
        satisfying the requirements under section 40(a) of the Small 
        Business Act not satisfied on the date of enactment of this 
        Act; and
            (4) such additional information as determined necessary by 
        the Administrator.
    (b) Availability of Information.--The Administrator shall--
            (1) post the disaster information provided under subsection 
        (a) on the website of the Administration; and
            (2) make the information provided under subsection (a) 
        available, upon request, at each regional and district office 
        of the Administration.

                   TITLE IV--CONTRACTING IMPROVEMENTS

SEC. 401. SURETY BONDS.

    (a) Maximum Bond Amount.--Section 411(a)(1) of the Small Business 
Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended by striking 
``(1)'' and all that follows and inserting the following: ``(1)(A) The 
Administration may, upon such terms and conditions as it may prescribe, 
guarantee and enter into commitments to guarantee any surety against 
loss resulting from a breach of the terms of a bid bond, payment bond, 
performance bond, or bonds ancillary thereto, by a principal on any 
total work order or contract amount at the time of bond execution that 
does not exceed $5,000,000.
    ``(B) The Administrator may guarantee a surety under subparagraph 
(A) for a total work order or contract amount that does not exceed 
$10,000,000, if a contracting officer of a Federal agency certifies 
that such a guarantee is necessary.''.
    (b) Denial of Liability.--Section 411 of the Small Business 
Investment Act of 1958 (15 U.S.C. 694b) is amended--
            (1) by striking subsection (e) and inserting the following:
    ``(e) Reimbursement of Surety; Conditions.--Pursuant to any such 
guarantee or agreement, the Administration shall reimburse the surety, 
as provided in subsection (c) of this section, except that the 
Administration shall be relieved of liability (in whole or in part 
within the discretion of the Administration) if--
            ``(1) the surety obtained such guarantee or agreement, or 
        applied for such reimbursement, by fraud or material 
        misrepresentation;
            ``(2) the total contract amount at the time of execution of 
        the bond or bonds exceeds $5,000,000;
            ``(3) the surety has breached a material term or condition 
        of such guarantee or agreement; or
            ``(4) the surety has substantially violated the regulations 
        promulgated by the Administration pursuant to subsection 
        (d).'';
            (2) by striking subsection (k); and
            (3) by adding after subsection (i) the following:
    ``(j) Denial of Liability.--For bonds made or executed with the 
prior approval of the Administration, the Administration shall not deny 
liability to a surety based upon material information that was provided 
as part of the guaranty application.''.
    (c) Size Standards.--Section 410 of the Small Business Investment 
Act of 1958 (15 U.S.C. 694a) is amended--
            (1) by striking paragraph (9); and
            (2) adding after paragraph (8) the following:
    ``(9) Notwithstanding any other provision of law or any rule, 
regulation, or order of the Administration, for purposes of sections 
410, 411, and 412 the term `small business concern' means a business 
concern that meets the size standard for the primary industry in which 
such business concern, and the affiliates of such business concern, is 
engaged, as determined by the Administrator in accordance with the 
North American Industry Classification System.''.

SEC. 402. SECTION 8(A) IMPROVEMENTS.

    (a) Programs for Socially and Economically Disadvantaged Small 
Business Concerns.--
            (1) Net worth threshold.--
                    (A) In general.--Section 8(a)(6)(A) of the Small 
                Business Act (15 U.S.C. 637(a)(6)(A)) is amended--
                            (i) by inserting ``(i)'' after ``(6)(A)'';
                            (ii) by striking ``In determining the 
                        degree of diminished credit'' and inserting the 
                        following:
    ``(ii)(I) In determining the degree of diminished credit'';
                            (iii) by striking ``In determining the 
                        economic disadvantage'' and inserting the 
                        following:
    ``(iii) In determining the economic disadvantage''; and
                            (iv) by inserting after clause (ii)(I), as 
                        so designated by this section, the following:
    ``(II)(aa) Not later than 1 year after the date of enactment of the 
Small Business Investment and Innovation Act of 2010, the Administrator 
shall--
            ``(AA) assign each North American Industry Classification 
        System industry code to a category described in item (cc); and
            ``(BB) for each category described in item (cc), establish 
        a maximum net worth for the socially disadvantaged individuals 
        who own or control small business concerns in the category that 
        participate in the program under this subsection.
    ``(bb) The maximum net worth for a category described in item (cc) 
shall be not less than the modified net worth limitations established 
by the Administrator under section 402(a)(1)(B) of the Small Business 
Investment and Innovation Act of 2010.
    ``(cc) The categories described in this item are--
            ``(AA) manufacturing;
            ``(BB) construction;
            ``(CC) professional services; and
            ``(DD) general services.
    ``(III) The Administrator shall establish procedures that--
            ``(aa) account for inflationary adjustments to, and include 
        a reasonable assumption of, the average income and net worth of 
        the owners of business concerns that are dominant in the field 
        of operation of the business concern; and
            ``(bb) require an annual inflationary adjustment to the 
        average income and maximum net worth requirements under this 
        clause.
    ``(IV) In determining the assets and net worth of a socially 
disadvantaged individual under this subparagraph, the Administrator 
shall not consider any assets of the individual that are held in a 
qualified retirement plan, as that term is defined in section 4974(c) 
of the Internal Revenue Code of 1986.''.
                    (B) Temporary inflationary adjustment.--
                            (i) In general.--Not later than 30 days 
                        after the date of enactment of this Act, the 
                        Administrator shall modify the net worth 
                        limitations established by the Administrator 
                        for purposes of the program under section 8(a) 
                        of the Small Business Act (15 U.S.C. 637(a)) by 
                        adjusting the amount of the net worth 
                        limitations for inflation during the period 
                        beginning on the date on which the 
                        Administrator established the net worth 
                        limitations and the date of enactment of this 
                        Act.
                            (ii) Termination.--The Administrator shall 
                        apply the net worth limitations established 
                        under clause (i) until the effective date of 
                        the net worth limitations established by the 
                        Administrator under clause (ii)(II) of section 
                        8(a)(6)(A) of the Small Business Act (15 U.S.C. 
                        637(a)(6)(A)), as added by this paragraph.
                    (C) Transition period.--Section 7(j)(15) of the 
                Small Business Act (15 U.S.C. 636(j)(15)) is amended--
                            (i) by redesignating subparagraphs (A) and 
                        (B) as clauses (i) and (ii), respectively;
                    (D) by striking ``Subject to'' and inserting ``(A) 
                Except as provided in subparagraph (B), and subject 
                to''; and
                    (E) by adding at the end the following:
    ``(B)(i) A small business concern may receive developmental 
assistance under the Program and contracts under section 8(a) during 
the 3-year period beginning on the date on which the small business 
concern graduates--
            ``(I) because the small business concern has participated 
        in the Program for the total period authorized under 
        subparagraph (A); or
            ``(II) under section 8(a)(6)(C)(ii), because the socially 
        disadvantaged individuals who own or control the small business 
        concern have a net worth that is more than the maximum net 
        worth established by the Administrator.
    ``(ii) After the end of the 3-year period described in clause (i), 
a small business concern described in clause (i)--
            ``(I) may not receive developmental assistance under the 
        Program or contracts under section 8(a); and
            ``(II) may continue to perform and receive payment under a 
        contract received by the small business concern under section 
        8(a) before the end of the period, under the terms of the 
        contract.''.
            (2) GAO study.--Section 8(a) of the Small Business Act (15 
        U.S.C. 637(a)) is amended by adding at the end the following:
    ``(22) Review of Effectiveness.--
            ``(A) GAO study.--Not later than 5 years after the date of 
        enactment of this paragraph, and every 5 years thereafter, the 
        Comptroller General of the United States shall--
                    ``(i) conduct an evaluation of the effectiveness of 
                the program under this subsection, including an 
                examination of--
                            ``(I) the number and size of contracts 
                        applied for, as compared to the number received 
                        by, small business concerns after successfully 
                        completing the program;
                            ``(II) the percentage of small business 
                        concerns that continue to operate during the 3-
                        year period beginning on the date on which the 
                        small business concerns successfully complete 
                        the program;
                            ``(III) whether the business of small 
                        business concerns increases during the 3-year 
                        period beginning on the date on which the small 
                        business concerns successfully complete the 
                        program; and
                            ``(IV) the number of training sessions 
                        offered under the program; and
                    ``(ii) 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 each evaluation under clause (i).
            ``(B) SBA report.--Not later than 1 year after the date of 
        enactment of this paragraph, and every year thereafter, the 
        Administrator shall submit to the Committee on Small Business 
        and Entrepreneurship of the Senate and the Committee on Small 
        Business of the House of Representatives a report evaluating 
        the program under this section, including an assessment of--
                    ``(i) the regulations promulgated to carry out the 
                program;
                    ``(ii) online training under the program; and
                    ``(iii) whether the structure of the program is 
                conducive to business development.''.
            (3) Report on fraud detection.--Not later than 90 days 
        after the date of enactment of this Act, the Administrator 
        shall--
                    (A) assess the workload of business development 
                specialists of the Administration;
                    (B) evaluate the use of fraud detection tools, such 
                as the use of data mining techniques and provide 
                additional financial and analytical training for 
                business development specialists of the Administration;
                    (C) propose amendments to regulations and 
                operational changes that would closely evaluate an 
                applicant to participate in the program under section 
                8(a) of the Small Business Act (15 U.S.C. 637(a)) if a 
                family member of the applicant is, or has been, a 
                participant in the program under section 8(a) of the 
                Small Business Act providing the same type of supplies 
                or services as the applicant;
                    (D) review the regulations relating to economic 
                disadvantage with respect to the income and asset 
                levels of an applicant for or participant in the 
                program under section 8(a) of the Small Business Act at 
                the time of application and annual certification; and
                    (E) submit to the Committee on Small Business and 
                Entrepreneurship of the Senate and the Committee on 
                Small Business of the House of Representatives a report 
                regarding the assessment, evaluation, proposals, and 
                review under this paragraph.
    (b) Surety Bond Pilot Program.--
            (1) Definitions.--In this subsection--
                    (A) the terms ``bid bond'', ``payment bond'', 
                ``performance bond'', and ``surety'' have the meanings 
                given those terms in section 410 of the Small Business 
                Investment Act of 1958 (15 U.S.C. 694a);
                    (B) the term ``Board'' means the pilot program 
                advisory board established under paragraph (4)(A);
                    (C) the term ``eligible small business concern'' 
                means a socially and economically disadvantaged small 
                business concern that is participating in the program 
                under section 8(a) of the Small Business Act (15 U.S.C. 
                637(a));
                    (D) the term ``Fund'' means the Small Business 
                Surety Bond Pilot Program Fund established under 
                paragraph (5)(A);
                    (E) the term ``graduated'' has the meaning given 
                that term in section 7(j)(10)(H) of the Small Business 
                Act (15 U.S.C. 636(j)(10)(H));
                    (F) the term ``pilot program'' means the surety 
                bond pilot program established under paragraph (2)(A); 
                and
                    (G) the term ``socially and economically 
                disadvantaged small business concern'' has the meaning 
                given that term in section 8(a) of the Small Business 
                Act (15 U.S.C. 637(a)).
            (2) Program.--
                    (A) In general.--The Administrator shall establish 
                a surety bond pilot program under which the 
                Administrator may guarantee any surety against loss 
                resulting from a breach of the terms of a bid bond, 
                payment bond, performance bond, or bonds ancillary 
                thereto, by an eligible small business concern.
                    (B) Application.--An eligible small business 
                concern desiring a guarantee under the pilot program 
                shall submit an application at such time, in such 
                manner, and accompanied by such information as the 
                Administrator may require.
                    (C) Review.--A surety desiring a guarantee under 
                the pilot program against loss resulting from a breach 
                of the terms of a bid bond, payment bond, performance 
                bond, or bonds ancillary thereto by an eligible small 
                business concern shall--
                            (i) submit to the Administrator a report 
                        evaluating whether the eligible small business 
                        concern meets such criteria as the 
                        Administrator may establish relating to whether 
                        a bond should be issued to the eligible small 
                        business concern; and
                            (ii) if the Administrator does not 
                        guarantee the surety against loss, submit an 
                        update of the report described in clause (i) 
                        every 6 months.
            (3) Technical assistance and educational training.--
                    (A) In general.--The Administrator shall provide 
                technical assistance and educational training to an 
                eligible small business concern participating in the 
                pilot program or desiring to participate in the pilot 
                program for a period of not less than 3 years, to 
                promote the growth of the eligible small business 
                concern and assist the eligible small business concern 
                in promoting job development.
                    (B) Topics.--
                            (i) Technical assistance.--The technical 
                        assistance under subparagraph (A) shall include 
                        assistance relating to--
                                    (I) scheduling of employees;
                                    (II) cash flow analysis;
                                    (III) change orders;
                                    (IV) requisition preparation;
                                    (V) submitting proposals;
                                    (VI) dispute resolution; and
                                    (VII) contract management.
                            (ii) Educational training.--The educational 
                        training under subparagraph (A) shall include 
                        training regarding--
                                    (I) accounting;
                                    (II) legal issues;
                                    (III) infrastructure;
                                    (IV) human resources;
                                    (V) estimating costs;
                                    (VI) scheduling; and
                                    (VII) any other area the 
                                Administrator determines is a key area 
                                for which training is needed for 
                                eligible small business concerns.
            (4) Panel.--
                    (A) Establishment.--The Administrator shall 
                establish a pilot program advisory board to evaluate 
                and make recommendations regarding the pilot program.
                    (B) Membership.--The Board shall be composed of 5 
                members--
                            (i) who shall be appointed by the 
                        Administrator;
                            (ii) not less than 2 of whom shall have 
                        graduated from the program under section 8(a) 
                        of the Small Business Act (15 U.S.C. 637(a)); 
                        and
                            (iii) not more than 1 of whom may be an 
                        officer or employee of the Administration.
                    (C) Duties.--The Board shall--
                            (i) evaluate and make recommendations to 
                        the Administrator regarding the effectiveness 
                        of the pilot program;
                            (ii) make recommendations to the 
                        Administrator regarding performance measures to 
                        evaluate eligible small business concerns 
                        applying for a guarantee under the pilot 
                        program; and
                            (iii) not later than 90 days after the date 
                        on which all members of the Board are 
                        appointed, and every year thereafter until the 
                        authority to carry out the pilot program 
                        terminates under paragraph (6), submit to the 
                        Committee on Small Business and 
                        Entrepreneurship of the Senate and the 
                        Committee on Small Business of the House of 
                        Representatives a report regarding the 
                        activities of the Board.
            (5) Fund.--
                    (A) Establishment of fund.--There is established in 
                the Treasury of the United States a revolving fund to 
                be known as the ``Small Business Surety Bond Pilot 
                Program Fund'', to be administered by the 
                Administrator.
                    (B) Availability.--Amounts in the Fund shall be 
                available without fiscal year limitation or further 
                appropriation by Congress.
                    (C) Authorization of appropriations.--There is 
                authorized to be appropriated to the Fund $20,000,000.
                    (D) Rescission.--Effective on the day after the 
                date on which the term of all guarantees made under the 
                pilot program have ended, all amounts in the Fund are 
                rescinded.
            (6) Termination.--The Administrator may not make a 
        guarantee to a surety against loss under the pilot program on 
        or after the date that is 7 years after the date on which the 
        Administrator makes the first guarantee under the pilot 
        program.
    (c) Extension of Participation Term for Victims of Hurricane 
Katrina or Hurricane Rita.--
            (1) Retroactivity.--If a small business concern, while 
        participating in any program or activity under the authority of 
        paragraph (10) of section 7(j) of the Small Business Act (15 
        U.S.C. 636(j)), was located in a parish or county described in 
        paragraph (2) of this subsection and was affected by Hurricane 
        Katrina of 2005 or Hurricane Rita of 2005, the period during 
        which that small business concern is permitted continuing 
        participation and eligibility in that program or activity shall 
        be extended for 24 months after the date such participation and 
        eligibility would otherwise terminate.
            (2) Parishes and counties covered.--Paragraph (1) applies 
        to any parish in the State of Louisiana, or any county in the 
        State of Mississippi or in the State of Alabama, that has been 
        designated by the Administrator as a disaster area by reason of 
        Hurricane Katrina of 2005 or Hurricane Rita of 2005 under 
        disaster declaration 10176, 10177, 10178, 10179, 10180, 10181, 
        10205, or 10206.
            (3) Review and compliance.--The Administrator shall ensure 
        that the case of every small business concern participating 
        before the date of enactment of this Act in a program or 
        activity covered by paragraph (1) is reviewed and brought into 
        compliance with this subsection.

                 TITLE V--TRADE AND EXPORT ENHANCEMENTS

SEC. 501. ONLINE EXPORT READINESS ASSESSMENT TOOL.

    (a) Development of Tool.--Section 22 of the Small Business Act (15 
U.S.C. 649) is amended--
            (1) by redesignating subsection (l) as subsection (m); and
            (2) by inserting after subsection (k) the following:
    ``(l) Export Readiness Assessment Tool.--
            ``(1) Assessment tool.--The Associate Administrator, in 
        consultation with the Secretary of Commerce and working in 
        close cooperation with the Secretary of Agriculture, the United 
        States Trade Representative, the Secretary of Agriculture, the 
        Export-Import Bank of the United States, the Overseas Private 
        Investment Corporation, and other relevant Federal agencies, 
        regional and district offices of the Administration, small 
        business development centers engaged in export promotion 
        efforts, networks of women's business centers, the SCORE 
        program authorized by section 8(b)(1), Export Assistance 
        Centers, relevant State and local export promotion programs, 
        and partners in the private sector, shall develop a 
        comprehensive assessment tool that allows small business 
        concerns to assess the export readiness of the small business 
        concerns, which shall incorporate factors including--
                    ``(A) the amount of time that a small business 
                concern has been in operation;
                    ``(B) the amount of time that a small business 
                concern has successfully conducted business or sold a 
                product or service in the United States;
                    ``(C) the profitability of a small business 
                concern, based on operations in the United States;
                    ``(D) the compliance of a small business concern 
                with the Internal Revenue Code of 1986;
                    ``(E) the production and marketing capacity of a 
                small business concern that can be committed to export 
                operations, including the production of products and 
                services for export, the development of opportunities 
                in markets outside the United States, the allocation of 
                staff resources, and the ability to deliver customer 
                service support;
                    ``(F) the knowledge of a small business concern of 
                the costs associated with exporting and conducting 
                business with foreign purchasers, including the costs 
                of freight forwarding, customs brokers, packing and 
                shipping, and the development of an international 
                business and marketing plan;
                    ``(G) the knowledge of a small business concern of 
                foreign import regulations, trade barriers, and 
                cultural preferences in targeted export markets;
                    ``(H) the knowledge of a small business concern of 
                United States export regulations and compliance 
                practices;
                    ``(I) the knowledge of a small business concern of 
                export payment and financing mechanisms and resources, 
                including the development and negotiation of letters of 
                credit and access to financial resources and capital to 
                facilitate or finance sales and marketing operations 
                overseas; and
                    ``(J) any other factors, as the Associate 
                Administrator determines is appropriate or necessary.
            ``(2) Availability of tool.--The Associate Administrator 
        shall make the assessment tool developed under paragraph (1) 
        available online, on the website of the Administration, and 
        through the regional and district offices of the 
        Administration, the small business development center network, 
        networks of women's business centers, the SCORE program 
        authorized by section 8(b)(1), Export Assistance Centers, State 
        and local export promotion programs, and partners in the 
        private sector.
            ``(3) Referrals.--The Associate Administrator shall refer 
        small business concerns that use the assessment tool developed 
        under paragraph (1) to local export assistance resources, 
        including resources of the Department of Commerce, the 
        Department of Agriculture, the United States Trade 
        Representative, the Export-Import Bank of the United States, 
        the Overseas Private Investment Corporation, and other relevant 
        Federal agencies, the regional and district offices of the 
        Administration, the small business development center network, 
        networks of women's business centers, the SCORE program 
        authorized by section 8(b)(1), Export Assistance Centers, State 
        and local export promotion programs, and partners in the 
        private sector.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.''.
    (b) Reporting Requirement.--Section 22(f) of the Small Business Act 
(15 U.S.C. 649(f)) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (6) and (7), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) for the period addressed by the report, the number of 
        small business concerns that--
                    ``(A) used the assessment tool developed under 
                subsection (l);
                    ``(B) were referred to local export assistance 
                resources described in subsection (l)(3) after using 
                the assessment tool; and
                    ``(C) made a successful foreign sale after using 
                the assessment tool;''.

SEC. 502. MARKETING AND OUTREACH INITIATIVES TO SMALL BUSINESS 
              CONCERNS.

    (a) Outreach Events Required.--
            (1) Amendment.--Section 22(c)(11) of the Small Business Act 
        (15 U.S.C. 649(c)(11)) is amended by striking ``concerns;'' and 
        inserting the following: ``concerns, which shall include--
                    ``(A) conducting, in each region of the 
                Administration, outreach events that--
                            ``(i) promote exporting as a business 
                        development opportunity;
                            ``(ii) raise awareness of the National 
                        Export Initiative established under Executive 
                        Order 13534 (75 Fed. Reg. 12433; relating to 
                        the National Export Initiative);
                            ``(iii) are focused on small business 
                        concerns that are new to exporting;
                            ``(iv) are conducted not less frequently 
                        than--
                                    ``(I) once in each of fiscal years 
                                2011 through 2014; and
                                    ``(II) twice in fiscal year 2015 
                                and each fiscal year thereafter; and
                    ``(B) conducting outreach events, in coordination 
                with the Department of Commerce, the Export-Import Bank 
                of the United States, the Department of Agriculture, 
                the Overseas Private Investment Corporation, the United 
                States Trade and Development Agency, the Department of 
                State, and, as the Associate Administrator determines 
                is appropriate, other members of the Trade Promotion 
                Coordinating Committee, that are designed to reach--
                            ``(i) small business concerns located in a 
                        rural area, as that term is defined in section 
                        1393(a)(2) of the Internal Revenue Code of 
                        1986;
                            ``(ii) small business concerns owned and 
                        controlled by women;
                            ``(iii) small business concerns owned by 
                        veterans and small business concerns owned and 
                        controlled by service-disabled veterans; and
                            ``(iv) socially and economically 
                        disadvantaged small business concerns;''.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out 
        section 22(c)(11) of the Small Business Act (15 U.S.C. 
        649(c)(11)), as amended by paragraph (1) of this subsection.
    (b) Reporting Requirements.--Section 22(f) of the Small Business 
Act (15 U.S.C. 649(f)) is amended by inserting after paragraph (4), as 
added by section 501(b) of this Act, the following:
            ``(5) for the year ending on the date of the report--
                    ``(A) the number and location of the outreach 
                events conducted under subsection (c)(11)(A);
                    ``(B) the number of small business concerns that--
                            ``(i) participated in each event described 
                        in subparagraph (A); and
                            ``(ii) were referred to a resource partner 
                        of the Administration or a Federal agency that 
                        is a member of the Trade Promotion Coordinating 
                        Committee as a result of each event described 
                        in subparagraph (A);''.

SEC. 503. EXPANSION OF STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM 
              TO CITIES AND MAJOR METROPOLITAN AREAS.

    Section 1207 of the Small Business Jobs Act of 2010 (15 U.S.C. 649b 
note) is amended--
            (1) in subsection (b), by inserting ``, and to 
        municipalities in accordance with subsection (c)(5),'' after 
        ``grants to States'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``or 
                municipality'' after ``State'' each place that term 
                appears;
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``that proposes a program'' 
                        and inserting ``or municipality'';
                            (ii) in subparagraph (B), by redesignating 
                        clauses (i), (ii), and (iii) as subclauses (I), 
                        (II), and (III), respectively, and adjusting 
                        the margins accordingly;
                            (iii) by redesignating subparagraphs (A) 
                        through (D) as clauses (i) through (iv), 
                        respectively, and adjusting the margins 
                        accordingly;
                            (iv) by inserting before clause (i), as so 
                        redesignated, the following:
                    ``(A) has a small business program or exporting 
                program in place at the time the State or municipality 
                submits the application; and
                    ``(B) proposes a program that--''; and
                            (v) in clause (iii), as so redesignated, by 
                        inserting ``in the case of an application by a 
                        State,'' before ``promotes exports'';
                    (C) in paragraph (4), by inserting ``or 
                municipality'' after ``State'';
                    (D) by adding at the end the following:
            ``(5) Limitation on award of grants to municipalities.--The 
        Associate Administrator may make a grant to a municipality on 
        and after the date that is 1 year after the date of enactment 
        of this Act, if the State in which the municipality is located 
        has not, as of the date that is 1 year after the date of 
        enactment of this Act, applied for a grant under this 
        section.'';
            (3) in subsection (e), by inserting ``or municipality'' 
        after ``State'' each place that term appears; and
            (4) in subsection (g)(2)--
                    (A) in subparagraph (B), by inserting ``and 
                municipalities'' after ``States''; and
                    (B) in subparagraph (C), by inserting ``or 
                municipality'' after ``State''.

                      TITLE VI--REGULATORY RELIEF

SEC. 601. DEFINITIONS.

    (a) Independent Establishments.--Section 601(1) of title 5, United 
States Code, is amended by inserting ``, including an independent 
establishment as defined in section 104 of this title'' after 
``title''.
    (b) Significant Guidance Documents.--Section 601 of title 5, United 
States Code, is amended by striking paragraph (2) and inserting the 
following:
            ``(2) the term `rule'--
                    ``(A) means any rule for which the agency publishes 
                a general notice of proposed rulemaking under section 
                553(b) of this title, or any other law;
                    ``(B) includes--
                            ``(i) any rule of general applicability 
                        governing Federal grants to State and local 
                        governments for which the agency provides an 
                        opportunity for notice and public comment; and
                            ``(ii) any significant guidance document, 
                        as defined in the Office of Management and 
                        Budget Final Bulletin for Agency Good Guidance 
                        Procedures (72 Federal Register 3432; January 
                        25, 2007); and
                    ``(C) does not include a rule of particular 
                applicability relating to rates, wages, corporate or 
                financial structures or reorganizations thereof, 
                prices, facilities, appliances, services, or allowances 
                therefor or to valuations, costs or accounting, or 
                practices relating to such rates, wages, structures, 
                prices, appliances, services, or allowances;''.
    (c) Inclusion of Indian Tribes as Small Governmental 
Jurisdictions.--Section 601(5) of title 5, United States Code, is 
amended by inserting ``Indian tribes as defined under section 8(a)(13) 
of the Small Business Act (15 U.S.C. 637(a)(13)),'' after ``school 
districts,''.

SEC. 602. CERTIFICATION OF RULES.

    (a) Preparation of Initial Regulatory Flexibility Analysis Before 
Final Regulatory Flexibility Analysis.--Section 605(b) of title 5, 
United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following:
    ``(2) If the head of the agency determines that there will be a 
significant economic impact on a substantial number of small entities 
after publication of the certification required under paragraph (1), 
the agency shall comply with the requirements of section 603 before the 
publication of the final rule, by--
            ``(A) publishing an initial regulatory flexibility analysis 
        for public comment; or
            ``(B) re-proposing the rule with an initial regulatory 
        flexibility analysis.''.
    (b) Determinations Before Certifications.--Section 605(b) of title 
5, United States Code, (as amended by subsection (a) of this section) 
is further amended by adding at the end the following:
    ``(3) The head of an agency may not certify a rule under this 
subsection, unless the head of the agency has determined--
            ``(A) the average cost of the rule for small entities 
        affected or reasonably presumed to be affected by the rule;
            ``(B) the number of small entities affected or reasonably 
        presumed to be affected by the rule; and
            ``(C) the number of affected small entities for which that 
        cost will be significant.''.
    (c) Accuracy of Certifications.--Section 605(b) of title 5, United 
States Code, (as amended by subsections (a) and (b) of this section) is 
further amended by adding at the end the following:
    ``(4) Before publishing a certification and a statement providing 
the factual basis for that certification under paragraph (1), the head 
of the agency shall--
            ``(A) transmit a copy of that certification and statement 
        to the Chief Counsel for Advocacy of the Small Business 
        Administration; and
            ``(B) consult with the Chief Counsel for Advocacy of the 
        Small Business Administration on the accuracy of that 
        certification and statement.''.

SEC. 603. APPLICATION TO INTERIM FINAL RULES.

    Section 608 of title 5, United States Code, is amended--
            (1) in subsection (a), by inserting ``the interim final 
        rule or'' before ``the final rule'' each place that term 
        appears; and
            (2) in subsection (b)--
                    (A) in the second sentence--
                            (i) by inserting ``an interim final rule 
                        or'' before ``a final rule''; and
                            (ii) by inserting ``the interim final rule 
                        or'' before ``the final rule''; and
                    (B) in the third sentence, by inserting ``the 
                interim final rule or'' before ``the final rule''.

SEC. 604. REVIEW PANELS.

    Section 609(b) of title 5, United States Code, is amended--
            (1) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) not later than 60 days before convening a panel under 
        paragraph (4), a covered agency shall submit written 
        notification and a statement to the Chief Counsel for Advocacy 
        of the Small Business Administration and the Office of 
        Information and Regulatory Affairs within the Office of 
        Management and Budget that includes--
                    ``(A) the date the panel will convene;
                    ``(B) a description of all potential regulatory 
                alternatives to be considered by the panel; and
                    ``(C) data or statistical information in support of 
                each potential regulatory alternative.''; and
            (3) in paragraph (6) (as redesignated under paragraph (1) 
        of this section), by striking ``pursuant to paragraph (3)'' and 
        inserting ``under paragraph (4)''.

SEC. 605. JUDICIAL REVIEW.

    Section 611(a) of title 5, United States Code, is amended--
            (1) in paragraph (1), by inserting ``603,'' after ``601,'';
            (2) in paragraph (2), by inserting ``603,'' after ``601,'';
            (3) in paragraph (3), by striking ``(3)(A)'' through the 
        end of subparagraph (A) and inserting the following:
    ``(3)(A) A small entity may seek such review during the period 
beginning on the date of final agency action and ending one year later, 
except that--
            ``(i) where a provision of law requires that an action 
        challenging a final agency action be commenced before the 
        expiration of one year, such lesser period shall apply to an 
        action for judicial review under this section; and
            ``(ii) in the case of noncompliance with section 603 or 
        605(b), a small entity may seek judicial review of agency 
        compliance with those sections before the close of the public 
        comment period.''; and
            (4) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``, and'' and 
                inserting a semicolon;
                    (B) in subparagraph (B), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) issuing an injunction prohibiting an agency 
                from taking any agency action with respect to a 
                rulemaking until that agency is in compliance with the 
                requirements of section 603 or 605.''.

SEC. 606. RESEARCH GRANT AUTHORITY.

    (a) Grant Authority.--The Office of Advocacy of the Small Business 
Administration may establish a grant program and award grants to 
institutions of higher education, as defined in section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 1001), to conduct research on 
issues that affect small business concerns.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out this section.
                                 <all>