[Congressional Record Volume 155, Number 86 (Wednesday, June 10, 2009)]
[Senate]
[Pages S6454-S6475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. JOHANNS (for himself, Mr. Enzi, Mr. Brownback, Mr. Bond, 
        Mr. Chambliss, Mr. Roberts, Mr. Risch, Mr. Barrasso, Mr. Thune, 
        Mr. Cornyn, Mr. Graham, Mr. McCain, Mr. Crapo, Mr. Inhofe, Mr. 
        Ensign, Mr. Kyl, Mr. Bunning, Mr. Vitter, Mrs. Hutchison, Mr. 
        Wicker, Mr. Coburn, Mr. Hatch, Mr. Isakson, Mr. Martinez, Mr. 
        Grassley, Mr. Bennett, and Mr. DeMint):
  S. 1223. A bill to require prior Congressional approval and emergency 
funding resulting in Government ownership of private entities; to the 
Committee on Banking, Housing, and Urban Affairs.
  Mr. JOHANNS. Mr. President, I rise to present a piece of legislation 
that I believe the Senate should consider immediately. I believe this 
legislation is so important that it can't wait. The legislation I 
introduce today is the Free Enterprise Act of 2009, and its purpose is 
very straightforward. The Free Enterprise Act of 2009 requires prior 
congressional approval of any TARP funding that results in the 
government taking a common or preferred equity interest in any private 
entity.
  Since the inception of the TARP program, my colleagues from both 
sides of the aisle, in a very bipartisan way, have voiced concerns over 
the management, the oversight, and the purpose of TARP. Yet the program 
continues morphing and drifting away from its original purpose: to buy 
toxic assets and keep credit flowing to consumers. That was the purpose 
of TARP when it was sold to Congress back in October. TARP was never 
intended--never intended--to be a revolving, $700 billion blank check 
for the administration to use however it sees fit. Unfortunately, that 
is exactly what it has become.
  First, the checks were used to bail out the banks, then to the 
struggling insurance giant AIG, then to the floundering housing market, 
and despite a December vote by Congress that rejected--specifically 
rejected--a bailout of the auto industry, TARP funds are now being used 
to bankroll the auto industry.
  I am quite certain most of my colleagues would have looked at me in 
disbelief if I would have said a few months ago that TARP funds would 
essentially be used to buy a private auto company--General Motors--and 
then rush it through bankruptcy. Yet last Monday the Obama 
administration announced it would provide $30 billion more in TARP 
funds to buy General Motors, owning a 60-percent interest in the 
company.
  The bottom line is our government is now running or is very deeply 
involved in major industrial sectors, including housing, banking, 
insurance, and now automobiles. There is no longer a clear distinction 
between companies owned by investors and entities owned and backed by 
the government.
  I am deeply troubled by the change in how business in America is 
conducted, and I am worried we are causing irreparable changes and 
damage to our private market system. But I am equally troubled and 
worried that all these ownership and management decisions are being 
made--literally buying a car company--without congressional input or 
approval.
  Many may completely disagree with me and think the government should 
get in the auto business, that they should own a 60-percent stake in 
General Motors or that the government should be a 34-percent owner of 
Citigroup. But the one thing all my colleagues should be able to agree 
on is the fact that Congress needs checks and balances.
  Right now, disagree or agree with me, none of us in Congress have had 
a voice--neither a voice in support nor a voice in opposition. We woke 
up, just like the citizens of America, and found out that we own 60 
percent of General Motors--a decision made by President Obama literally 
with no oversight by Congress.
  What has happened is the legislative branch has effectively given 
President Obama a free pass to do as he wishes with $700 billion. But 
with the passage of this legislation, we can regain some type of 
oversight over the disbursement of TARP funds. Let's not continue to 
criticize the use and management of TARP funds and yet do nothing about 
it. Support for this legislation is an important step in the right 
direction. It would ensure that Congress provides checks and balances. 
That is what we were elected to deliver. That is why we are here.
  At the very minimum, let's at least have a vote before the government 
takes ownership of private companies. My bill only asks for a simple 
majority governed by the normal rules of the Senate. But it makes a 
very significant statement that Congress has not fallen asleep at the 
switch.
  I hope my colleagues will not choose to remain silently in their 
seats. We must fulfill our duties to provide oversight over the 
executive branch. That is what our Constitution demands. I urge my 
colleagues, whether you support or oppose funds for private industry, 
to reclaim the role Congress has in this process. Doing anything less 
would simply be a dereliction of our duty.
  When I introduced this legislation as an amendment to S. 982, it 
quickly got 30 cosponsors. I am very happy to report that many of these 
people have joined me as cosponsors, and we are nearing that number 
again.
  I encourage all of my colleagues to support this commonsense 
legislation and join me as a cosponsor. We can work together to ensure 
that free enterprise is not relegated to the back burner in this 
country, and, most important, we can work together, whether you agree 
or disagree, to make sure Congress is not relegated to the back burner. 
The Free Enterprise Act is a positive step in that direction.
                                 ______
                                 
      By Mr. WARNER (for himself, Ms. Mikulski, Mr. Cardin, and Mr. 
        Webb):
  S. 1224. A bill to reauthorize the Chesapeake Bay Office of the 
National Oceanic and Atmospheric Administration, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. WARNER. Mr. President, today I am introducing legislation to 
reauthorize the National Oceanic and Atmospheric Administration's 
important programs to restore the Chesapeake Bay and its aquatic 
resources. This measure is a companion to H.R. 1771, a bill recently 
introduced in the House by Representatives Sarbanes, Wittman and 
Kratovil. Joining me in sponsoring this legislation are my colleagues 
Senator Webb from Virginia and Senators Mikulski and Cardin from 
neighboring Maryland.
  Throughout my public career, I have been a strong advocate for 
protecting our natural resources. One of the most important efforts in 
Virginia's environmental history has been preservation of the 
Chesapeake Bay, the nation's most important estuary. I am proud that we 
brought record funding to efforts related to cleaning the Chesapeake 
Bay and the toughest regulations for water quality yet. The 
Commonwealth's 3,300 miles of coastal resources provide significant 
economic

[[Page S6455]]

contributions to tourism, recreation, commercial and sport fisheries, 
and wildlife enjoyment within our State. Yet the safety of the Bay is 
still in great jeopardy; pollution, habitat loss and other factors have 
taken their toll.
  NOAA has been a principal partner with the Bay region states and 
other Federal agencies in efforts to protect and restore the Chesapeake 
Bay ecosystem since 1984. Its mission is focusing NOAA capabilities in 
science, service, and stewardship to protect and restore the Chesapeake 
Bay. Congress formally authorized NOAA's participation in the Bay in 
Public Law 98-210 enacted in 1992 and reauthorized the program in 2002, 
Public Law 107-372. That authority expired 3 years ago, in 2006, and 
must be reauthorized.
  Over the years, NOAA's work in the Chesapeake Bay has focused on 
three critical and interrelated areas--ecosystem science, coastal and 
living resources management, and environmental education--all part of 
an ecosystem approach for Bay restoration and management. The agency's 
science and research programs, conducted in collaboration with major 
academic institutions, are helping decision-makers survey and assess 
trends in living resources, understand and evaluate the responses of 
these resources to changes in their environment, and establish 
management goals and progress indicators. Through the Chesapeake Bay 
Observing System and the next-generation Chesapeake Bay Integrated Buoy 
System, NOAA is providing monitoring data on environmental conditions 
and water quality in the Bay necessary to track Bay restoration 
progress. The NOAA Chesapeake Bay Office's fish, shellfish and habitat 
restoration programs are helping to restore native oysters, blue crabs, 
and bay grasses throughout the watershed. And NOAA's pioneering Bay 
Watershed Education and Training program, B-WET, is making hands-on 
watershed education and training available to students and teachers 
throughout the watershed, bringing marine and weather sciences into the 
classroom and helping to foster stewardship of the Bay.
  NOAA administers its work throughout the 64,000 square mile, 6 State 
watershed from offices in Maryland and Virginia, which collaborate with 
State and other Federal agencies, academic institutions, and 
nongovernmental organizations to support Bay protection and restoration 
goals. In Norfolk, Virginia, the NOAA Chesapeake Bay Office's science 
and education programs are incorporated into exhibits at Nauticus, our 
State's premier maritime center, which receives more than 350,000 
visitors annually, and helps inform the public about NOAA's programs 
and activities. At the College of William and Mary's Virginia Institute 
of Marine Science, VIMS, NOAA is collaborating with a major academic 
partner to improve understanding of Bay fisheries and support improved 
oyster restoration. At Stingray Point, Norfolk and Jamestown, NOAA has 
deployed first-of-its-kind CBIBS interpretive buoys that are not only 
providing critical real-time data streams for scientists, but 
multidisciplinary education tools to users of the Captain John Smith 
Chesapeake National Historic Water Trail. Throughout the Virginia and 
Maryland waters of the Chesapeake Bay, NOAA is assisting watermen 
impacted by reductions in blue-crab harvests.

  But NOAA's work and responsibilities to the Chesapeake Bay 
restoration effort are far from complete. The partners in the Bay 
restoration need the agency's continued help and support. Throughout 
the Bay, ecologically important fish species are in decline or at risk 
due to disease, habitat loss, and other factors. Underwater grasses 
that once provided habitat to sustain these fisheries are at a fraction 
of their historic levels. As advanced as our science is, Chesapeake Bay 
managers still do not have adequate information about the estuary and 
its habitats to manage its living resources or mitigate diseases in 
fish and shellfish.
  The legislation I am introducing today builds upon previous 
authorizations of the NOAA Bay Program and addresses several urgent, 
continuing or unmet needs in the watershed. The bill seeks to achieve 
five main objectives.
  Increasing collaboration between the various programs and activities 
at NOAA to further NOAA's coastal resource stewardship mission.
  Improving Bay monitoring capabilities and the coordination and 
organization of the substantial amounts of data collected and compiled 
by Federal, State, and local government agencies and academic 
institutions through further development of an integrated observations 
system and the Chesapeake Bay Interpretative Buoy System.
  Strengthening the Chesapeake Bay Watershed Education and Training 
Program, B-WET, the competitively based program which provides students 
with meaningful Chesapeake Bay or stream outdoor experiences and 
teachers with professional development opportunities for Bay-related 
environmental education.
  Supporting and encouraging public-private partnerships to restore 
finfish and shellfish populations, submerged aquatic vegetation and 
other critical coastal habitat through aquaculture, stock enhancements, 
propagation and other programs.
  Ensuring that Federal funds are spent wisely and effectively on 
projects that have scientific and technical merit and are peer 
reviewed.
  This legislation enhances NOAA's commitment to further scientific 
data collection, develops fishery management practices and habitat 
restoration, and strengthens Chesapeake Bay environmental education 
programs. Mr. President, the Bay is a national treasure and its 
restoration should be a national priority.
  Mr. President, I ask unanimous consent that letters of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                    Chesapeake Bay Commission,

                                                   April 29, 2009.
     Hon. Mark R. Warner,
     U.S. Senate, Dirksen Senate Office Bldg.,
     Washington, DC.
       Dear Senator Warner: It has come to my attention that you 
     will be introducing legislation shortly to reauthorize the 
     National Oceanic and Atmospheric Administration's (NOAA's) 
     Chesapeake Bay Office, similar to H.R. 1771, which was 
     recently introduced in the House of Representatives. I am 
     writing to express our Commission's strong support for this 
     legislation and to commend you for introducing it.
       As you know, the Chesapeake Bay Commission is a tri-state 
     legislative assembly established in 1980 to assist the states 
     of Maryland, Virginia and Pennsylvania in cooperatively 
     managing the Chesapeake Bay. The Commission has been a 
     signatory to every Chesapeake Bay Agreement and continues to 
     play a leadership role on a full spectrum of Bay issues: from 
     managing living resources and conserving land, to protecting 
     water quality.
       We believe that reauthorizing and enhancing NOAA's 
     Chesapeake Bay Office and its major programs in fisheries, 
     habitat, integrated coastal observations and education are 
     critical to the joint Federal, State and local efforts to 
     restore Chesapeake Bay and its living resources. Our States 
     rely heavily on NOAA's ecosystem science, coastal and living 
     resources management, and environmental literacy capabilities 
     to meet the commitments of Chesapeake 2000. For example:
       NOAA-funded trawl surveys and stock assessment work provide 
     information each year to help the states of MD and VA and the 
     Potomac River Fisheries Commission decide how to manage the 
     next season's blue crab fishery.
       Since 2001 NCBO has provided over $28M to support native 
     oyster restoration and habitat characterization in MD and VA. 
     Current efforts are geared toward large scale ecological 
     restoration projects in rivers like the Wicomico and 
     Piankatank.
       NOAA provides satellite-based remote sensing data for 
     models that help state fisheries managers develop stock 
     assessments.
       Bay Watershed Education and Training (B-WET) grants 
     totaling $2M-3.5M annually help provide meaningful watershed 
     experiences for approximately 40,000 students throughout the 
     watershed.
       Chesapeake NEMO is providing direct assistance to local 
     communities in PA, MD and VA to incorporate natural resources 
     into local decision making.
       NOAA's Chesapeake Bay Interpretive Buoy System (CBIBS) is 
     providing critical real-time water quality, weather and 
     interpretive information for managers, boaters, students and 
     tourists alike.
       The legislation you are introducing would reauthorize and 
     strengthen NOAA's Chesapeake Bay Office. It would enhance 
     monitoring capabilities through the further development of an 
     integrated observations system and the Chesapeake Bay 
     Interpretative Buoy System. It would bolster the Chesapeake 
     Bay (B-WET) program which is helping to get students 
     throughout the watershed outdoors and learning about the Bay. 
     And it would help in our efforts to restore finfish and 
     shellfish populations, Bay-grasses and other habitats through 
     aquaculture and propagation programs.

[[Page S6456]]

       In our special report to the Congress of February 2008, the 
     Commission recommended reauthorization of the NOAA Chesapeake 
     Bay Office and its major programs as a high priority. If the 
     Commission can be of assistance to you or the Senate Commerce 
     Committee as this legislation moves through the legislative 
     process, please do not hesitate to let us know.
           Sincerely,
                                 Delegate John. A. Cosgrove (Va.),
     Chairman.
                                  ____

                                         Friends of the John Smith


                                             Chesapeake Trail,

                                    Annapolis, MD, April 29, 2009.
     Hon. Mark Warner,
     U.S. Senate, Russell Senate Office Building,
     Washington, DC.
       Dear Senator Warner: On behalf of the Friends of the John 
     Smith Chesapeake Trail (``the Friends''), I want to commend 
     and thank you for your leadership in introducing the 
     Chesapeake Bay Science, Education, and Ecosystem Enhancement 
     Act of 2009. The National Oceanic and Atmospheric 
     Administration's (NOAA) Chesapeake Bay Office plays a vital 
     role in the management and restoration of the Chesapeake Bay. 
     We are pleased that your bill will re-authorize this 
     important program.
       Over the past three years, the Friends have worked closely 
     with the NOAA Chesapeake Bay Office to implement the 
     Chesapeake Bay Interpretive Buoy System (CBIBS). The system 
     provides real-time water quality data and interpretation to 
     further protect, restore, and manage the Chesapeake Bay and 
     marks the Captain John Smith Chesapeake National Historic 
     Trail. CBIBS is part of the multi-state Chesapeake Bay 
     Observing System (CBOS), and part of the U.S. Integrated 
     Ocean Observing System (IOOS)--systems designed to enhance 
     our ability to collect, deliver, and use estuarine and ocean 
     information. As you may be aware, there are currently three 
     CBIBS buoys in the Virginia waters of the Chesapeake Bay 
     (James River, Elizabeth River, Rappahannock River) and three 
     buoys in Maryland (Potomac River, Patapsco River and 
     Susquehanna River). NOAA has identified a further need for 
     expanded coverage throughout the Bay to include many of the 
     most important areas where water quality information is 
     needed, including Virginia's Eastern Shore and at the mouth 
     of the Bay.
       CBIBS buoys have been designed to accommodate almost any 
     sensor and transmit the data for real-time display. Presently 
     they measure and report a comprehensive suite of 
     observations, including parameters used by the Chesapeake Bay 
     Program for assessment of impaired waters: Air temperature 
     and relative humidity; barometric pressure; wind speed and 
     direction; near-surface water temperature; salinity; 
     dissolved oxygen; chlorophyll-a concentration; turbidity; and 
     wave height, direction, and period.
       The NOAA Chesapeake Bay Office has built a partnership with 
     the National Park Service, many non-government organizations 
     and businesses to launch this system that serves the 
     scientific community, John Smith Trail users and citizens 
     interested in the maritime history and culture of the Bay. 
     CBIBS and the Captain John Smith Chesapeake National Historic 
     Trail will function together to enhance public awareness of 
     the natural and cultural history of the Bay. Such awareness 
     creates tremendous motivation in restoration and conservation 
     efforts.
       The CBIBS program will (1) enhance our understanding of the 
     Bay's biological, physical and chemical processes serve as 
     key tool for Bay restoration; (2) promote water based tourism 
     along the John Smith trail; (3) create an invaluable real 
     time tool for environmental education; (4) provide advanced 
     information tools for coastal decision makers; (5) improve 
     weather and harmful algal bloom forecasts; and (6) support 
     safe maritime commerce. For these reasons, we are delighted 
     that your bill includes language to formally authorize CBIBS.
       The Chesapeake Bay is a wonderful national resource with a 
     storied history. Your legislation re-authorizing NOAA's work 
     will help ensure the vitality of our natural resources 
     throughout the Bay. Please let us know how we can help you 
     pass this important bill.
           With warm regards,
                                                    David O'Neill,
                                                        President.
                                 ______
                                 
      By Mr. SANDERS:
  S. 1225. A bill to require the Commodity Futures Trading Commission 
to take certain actions to prevent the manipulation of energy markets, 
and for other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. SANDERS. Madam President, I rise today to introduce the Energy 
Market Manipulation Prevention Act.
  Did you know we are in the midst of the worse economic crisis since 
the Great Depression? Millions of our fellow Americans are losing their 
homes, losing their jobs, losing their life savings, losing the ability 
to send their kids to college and, in many ways, they are losing the 
hope that their own children will have a brighter future and a better 
life than they have had. It is a very unusual moment in the history of 
our country.
  In the midst of all of this concern and decline in the standards of 
living of millions of Americans, the last thing that our country needs 
right now is to see our people be ripped off at the gas pump this 
summer because of the speculators on Wall Street. Some of the very same 
people who caused this recession and have received the largest taxpayer 
bailout in American history are allowed to jack up oil prices through 
price manipulation and outright fraud.
  This is obviously not only an issue for the moment for millions and 
millions of people who drive to work every day, but for truckers and 
farmers and all people who are dependent upon gas; and it is also an 
issue for many parts of our country, such as Vermont, where a lot of 
our people heat with oil. We are not going to sit around idly and watch 
the price of oil artificially rise so that elderly people who heat with 
oil are unable to adequately heat their homes in the wintertime.
  Unfortunately, this artificial increase in oil and gas prices is 
exactly what is happening now, as it occurred similarly last summer, 
when the price of oil hit $147 a barrel. The price of gas at the pump 
was over $4 a gallon, and truckers paid more than $5 a gallon for 
diesel fuel. That is where we were last summer, and we are heading back 
there right now, unless Congress moves in an aggressive way to say no 
to speculation on oil futures.
  As you know, the price of oil is supposed to be based on the 
fundamentals of supply and demand, not by excessive speculation. What 
all of us learned in economics 101 is that if there is limited supply 
and a lot of demand, the price of the product goes up. If there is a 
lot of supply and limited demand, the price goes down. That is one of 
the basic tenets of free market capitalism.
  But interestingly, last month, crude oil inventories in the United 
States were at their highest level on record, while demand for oil in 
the United States dropped to its lowest level in more than a decade. In 
other words, there was a record amount of supply and less demand than 
we have seen over the last 10 years. Further, the International Energy 
Agency recently predicted that global demand for oil will drop this 
year to its lowest level since 1981.
  What is going on? Demand is going down, supply is high, and what the 
fundamentals of economic theory tell us is that gas and oil prices will 
go down. But as everybody who fills up their gas tank today 
understands, that is certainly not the case, because gas and oil prices 
are going up.
  Despite the record supply of oil and reduced demand, prices are going 
up, not down. In fact, the national average price of gasoline has 
jumped from $1.64 a gallon late last year to over $2.60 today. Crude 
oil prices recently reached a 7-month high.
  The American people have a right to ask why is this happening, in 
contradiction to the basic economic process of supply and demand, and 
we have a right and the obligation to act to protect those consumers. 
The increased prices that millions of motorists are currently seeing 
have caused severe financial hardship for American families, truckers, 
small businesses, airlines, and farmers. It is putting enormous strain 
on an economy already in the throes of a deep recession.
  We passed the stimulus package in order to create millions of jobs, 
in order to put money into the hands of working people, many of whom 
had lost their jobs. And now what we are seeing, as a result of this 
artificial increase in the price of gas and oil, is that those tax 
breaks we gave to working families are going not into the local 
economy, they are going right back to Wall Street and speculation, and 
they are going to the oil companies.
  All of us have a responsibility to do everything we can to lower oil 
and gas prices immediately, so that they reflect supply and demand 
fundamentals, not excessive speculation. Therefore, the legislation I 
am introducing today will require the Commodities Futures Trading 
Commission to use its emergency powers to prevent the manipulation of 
oil prices and empower the CFTC with new authority to prohibit 
excessive speculation in the oil market.
  Last July, the House of Representatives passed similar legislation by 
a vote of 402 to 19--widely bipartisan.

[[Page S6457]]

But that legislation, unfortunately, did not become law. In addition, 
this legislation would also require the CFTC to, No. 1, immediately 
classify all bank holding companies and hedge funds engaged in energy 
futures trading as noncommercial participants and subject them to 
strict position limits.
  No. 2, this legislation would eliminate the conflict of interest that 
arises when a firm, a large Wall Street financial institution, has 
employees under one umbrella responsible for predicting the future 
price of oil--the so-called analysts--while the same company controls 
physical oil assets and trading energy derivatives.
  No. 3, this legislation would immediately revoke all staff no-action 
letters for foreign boards of trade that have established trading 
terminals in the United States for the purpose of trading U.S. 
commodities to U.S. investors.
  I am delighted that Bart Chilton, one of the commissioners at the 
U.S. Commodity Futures Trading Commission, has supported this 
legislation.
  Madam President, I ask unanimous consent that his letter to me be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Dear Senator Sanders: Thank you for taking the time out of 
     your busy schedule to meet with me and Elizabeth Ritter 
     regarding energy trading and needed regulatory reforms of our 
     nation's commodities laws, rules and regulations. I 
     appreciate your leadership in this area and look forward to 
     working with you.
       I did want to make a comment about your specific efforts. I 
     commend you for your leadership in bringing transparency and 
     accountability to U.S. energy markets. As you know, the 
     Commodity Exchange Act provides the CFTC with broad emergency 
     authority to take action, in its discretion, in order to 
     maintain or restore orderly trading. In your proposed 
     legislation, you have identified critically important areas 
     of concern--excessive speculation in energy commodities, 
     classification of bank holding companies and limits on their 
     energy trading, hedge fund registration, classification and 
     trading limits, conflicts of interest by entities that both 
     trade and advise in the energy arena, and foreign market 
     access. I wholeheartedly agree with you that the time to act 
     on these issues is now, and the CFTC should aggressively 
     utilize all available authorities as appropriate, including 
     but not limited to emergency authority as currently defined 
     in the CEA, to address these pressing issues.
       Thank you again for your efforts on behalf of American 
     consumers and taxpayers, and I look forward to working with 
     you in the future on these important issues.

           Sincerely,
                                                     Bart Chilton.
  Mr. SANDERS. Let me briefly quote from the letter.
  He says:

       As you know, the Commodity Exchange Act provides the CFTC 
     with broad emergency authority to take action, in its 
     discretion, in order to maintain or restore orderly trading. 
     In your proposed legislation, you have identified critically 
     important areas of concern--excessive speculation in energy 
     commodities, classification of bank holding companies and 
     limits on their energy trading, hedge fund registration, 
     classification and trading limits, conflicts of interest by 
     entities that both trade and advise in the energy arena, and 
     foreign market access. I wholeheartedly agree with you that 
     the time to act on these issues is now, and the CFTC should 
     aggressively utilize all available authorities as 
     appropriate, including but not limited to emergency authority 
     as currently defined in the CEA, to address these pressing 
     issues.

  Madam President, I thank the Commissioner for his support of this 
legislation.
  On May 28, I wrote to Gary Gensler, the new Chairman of the CFTC, 
urging him to undertake many of these initiatives. Last week, in my 
office, I discussed this issue with Mr. Gensler. He indicated that he 
has instructed his staff to give him a list of all of the options 
available to the CFTC to respond to these concerns. While I appreciate 
Mr. Gensler's efforts on this issue, I hope this legislation will spur 
the CFTC to take immediate action to lower oil prices.
  The bottom line is, right now, at a time when unemployment is 
soaring, when the middle class is struggling to keep its head above 
water, the prices at the gas pump are soaring, and we worry about what 
oil prices in the northern parts of our country will be in the 
wintertime, there is very strong evidence to suggest that what we are 
talking about is not supply and demand but excessive speculation on the 
part of Wall Street in terms of pushing up oil futures.
  This Congress must act to protect the middle class and working people 
of this country, the consumers of this country. It is time for us to 
demand that the CFTC take the action that is necessary.
                                 ______
                                 
      By Mr. CASEY (for himself, Mr. Bennet, and Mr. Specter):
  S. 1226. A bill to amend the Richard B. Russell National School Lunch 
Act to improve paperless enrollment and efficiency for the national 
school lunch and school breakfast programs, and for other purposes; to 
the Committee on Agriculture, Nutrition, and Forestry.
  Mr. CASEY. Mr. President, I rise today to introduce a bill with 
Senator Bennet of Colorado, called the Paperless Enrollment for School 
Meals Act. Senator Bennet and I wrote this legislation because of our 
mutual interest in increasing the efficiency of the school lunch 
program both in terms of getting meals to kids who need them and 
lowering program costs to school districts. Congressman Fattah and 
Congresswoman Schwartz are leading a companion bill on the House side.
  Our bill creates a national program that is modeled after a pilot 
project that has been used in Philadelphia for the past 18 years. The 
Philadelphia program provides free lunch to all kids in schools that 
have over 75 percent of the students eligible for free lunches. The 
Philadelphia program also eliminates burdensome paper applications and 
replaces them with a periodic population survey that allows the U.S. 
Department of Agriculture to determine the reimbursement rate to the 
School District of Philadelphia for the meals they serve.
  Modernization of the school lunch program is one of my top priorities 
when the Senate reauthorizes the Child Nutrition Act later this fall. 
The current system of requiring families to fill out paper applications 
at the beginning of each school year, having the school district 
collect and certify those applications, and then having USDA use the 
applications combined with the amount of meals served to determine a 
reimbursement rate is inefficient and outdated. Not only are paper 
applications inefficient, they are inaccurate. It is much more accurate 
to compile socio-economic data and survey populations to determine 
eligibility. We have anecdotal evidence of this fact in Philadelphia, 
where we have dramatically increased participation in school lunch 
through the pilot project that eliminates yearly paper applications, 
thereby eliminating stigma for enrollment, language barriers, and other 
factors that prevent eligible families from completing paper forms.
  There is another way that our bill removes the stigma associated with 
free lunches. By providing free lunches for all students in schools 
that have a very high percentage of eligible children, no one is 
embarrassed to get their free lunch in the lunch line. Every student 
gets the same meal, so no knows who is getting free lunches or reduced 
lunches. This is a very simple policy change that can get more kids 
eating school lunches- kids who might otherwise go hungry that day 
because they don't have food at home.
  Senator Bennet and I have been working on this issue for months both 
separately and now collaboratively with our new legislation. And we 
know that this is just a starting point. We have introduced this 
legislation to start a dialogue with Chairman Harkin and the other 
members of the Committee on Agriculture Nutrition and Forestry along 
with our colleagues at USDA. I think that there is a lot of energy 
around the ideas of paperless applications and universal meals included 
in our bill. I encourage all Senators to support this legislation and 
the principles of the national program Senator Bennet and I have 
outlined and save our schools money while increasing access to quality 
school meals for the kids who need them the most.
  Mr. President, I ask unanimous ocnsent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1226

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

[[Page S6458]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Paperless Enrollment for 
     School Meals Act of 2009''.

     SEC. 2. DATA-BASED ELIGIBILITY FOR SCHOOL MEALS PROGRAMS.

       (a) Eligibility.--Section 11(a)(1) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is 
     amended by adding at the end the following:
       ``(F) Data-based eligibility.--
       ``(i) In general.--A school or local educational agency may 
     elect to receive special assistance payments under clause 
     (ii) in lieu of special assistance payments otherwise made 
     available under this paragraph based on applications for free 
     and reduced price lunches if the school or local educational 
     agency--

       ``(I) elects to serve all children in the school or local 
     educational agency free lunches and breakfasts under the 
     school lunch program and school breakfast program established 
     under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1773), during a period of 5 successive school years; and
       ``(II) pays, from sources other than Federal funds, the 
     costs of serving the lunches or breakfasts that are in excess 
     of the value of assistance received under this Act and the 
     Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

       ``(ii) Alternative data sources.--Subject to criteria 
     established by the Secretary not later than December 31, 
     2010, special assistance payments under clause (i) may be 
     based on an estimate of the number of children eligible for 
     free and reduced price lunches under section 9(b)(1)(A) 
     derived from recent data other than applications, including--

       ``(I) a socioeconomic survey of a representative sample of 
     households of students, which may exclude students who have 
     been directly certified under paragraphs (4) and (5) of 
     section 9(b);
       ``(II) data from the American Community Survey of the 
     Bureau of the Census;
       ``(III) data on receipt of income-tested public benefits by 
     students or the households of students or income data 
     collected by public benefit programs, including--

       ``(aa) the supplemental nutrition assistance program 
     established under the Food and Nutrition Act of 2008 (7 
     U.S.C. 2011 et seq.);
       ``(bb) the medical assistance program under the State 
     medicaid program under title XIX of the Social Security Act 
     (42 U.S.C. 1396 et seq.);
       ``(cc) the supplemental security income program established 
     under title XVI of that Act (42 U.S.C. 1381 et seq.);
       ``(dd) the program of block grants to States for temporary 
     assistance for needy families established under part A of 
     title IV of that Act (42 U.S.C. 601 et seq.); or

       ``(IV) other data, including State or local survey data and 
     State or local tax records.

       ``(iii) Payments.--

       ``(I) Free meals.--For each month of the period during 
     which a school or local educational agency described in 
     clause (i) serves free lunches or breakfasts to all enrolled 
     children, special assistance payments at the rate for free 
     meals shall be made for a percentage of all reimbursable 
     meals served that is equal to the percentage of students 
     estimated to be eligible for free meals.
       ``(II) Reduced price meals.--For each month of the period 
     during which the school or local educational agency serves 
     free lunches or breakfasts to all enrolled children, special 
     assistance payments at the rate for reduced price meals shall 
     be made for a percentage of all reimbursable meals served 
     that is equal to the percentage of students estimated to be 
     eligible for reduced price meals.
       ``(III) Other meals.--For each month of the period during 
     which the school or local educational agency serves free 
     lunches or breakfasts to all enrolled children, food 
     assistance payments at the rate provided under section 4 
     shall be made for the remainder of the reimbursable meals 
     served.

       ``(iv) Renewals.--

       ``(I) In general.--A school or local educational agency 
     described in clause (i) may reapply to the Secretary at the 
     end of the period described in clause (i), and at the end of 
     each period thereafter for which the school or local 
     educational agency receives special assistance payments under 
     this subparagraph, for the purpose of continuing to receive 
     the reimbursements and assistance for a subsequent 5-school-
     year period.
       ``(II) Approval.--The Secretary shall approve an 
     application under this clause if available socioeconomic data 
     demonstrate that the income level of the population of the 
     school or local educational agency has remained consistent 
     with or below the income level of the population of the 
     school or local educational agency in the last year in which 
     reimbursement rates were determined under clause (ii).
       ``(III) Data.--Not later than December 31, 2010, the 
     Secretary shall establish criteria regarding the 
     socioeconomic data that may be used when applying for a 
     renewal of the special assistance payments for a subsequent 
     5-school-year period.

       ``(G) High-poverty areas.--
       ``(i) In general.--A school or local educational agency may 
     elect to receive special assistance payments under clause 
     (ii) in lieu of special assistance payments otherwise made 
     available under this paragraph based on applications for free 
     and reduced price lunches if the school or local educational 
     agency--

       ``(I) during a period of 2 successive school years, elects 
     to serve all children in the school or local educational 
     agency free lunches and breakfasts under the school lunch 
     program under this Act and the school breakfast program 
     established under section 4 of the Child Nutrition Act of 
     1966 (42 U.S.C. 1773);
       ``(II) pays, from sources other than Federal funds, the 
     costs of serving the lunches or breakfasts that are in excess 
     of the value of assistance received under this Act and the 
     Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
       ``(III)(aa) for a local educational agency, for the prior 
     school year, directly certified under paragraphs (4) and (5) 
     of section 9(b) at least 50 percent of the enrolled students;
       ``(bb) for a school, for the prior school year, directly 
     certified under paragraphs (4) and (5) of section 9(b) at 
     least 60 percent of the enrolled students; or
       ``(cc) for a local educational agency or school that 
     received payments under this subparagraph for the prior 
     school year, directly certifies under paragraphs (4) and (5) 
     of section 9(b) at least 40 or 50 percent, respectively, of 
     the enrolled students.

       ``(ii) Payments.--

       ``(I) In general.--For each month of the school year, 
     special assistance payments at the rate for free meals shall 
     be made under this subparagraph for a percentage of all 
     reimbursable meals served in an amount equal to the product 
     obtained by multiplying--

       ``(aa) 1.5; by
       ``(bb) the percentage of students directly certified under 
     paragraphs (4) and (5) of section 9(b), up to a maximum of 
     100 percent.

       ``(II) Other meals.--The percentage of meals served that is 
     not described in subclause (I) shall be reimbursed at the 
     rate provided under section 4.

       ``(iii) Election of option.--

       ``(I) In general.--Any school or local educational agency 
     eligible for the option under clause (i) may elect to receive 
     special assistance payments under clause (ii) for the next 
     school year if the school or local educational agency 
     provides to the State agency evidence of the percentage of 
     students directly certified not later than June 30 of the 
     current school year.
       ``(II) State agency notification.--Not later than May 1 of 
     each school year, each State agency shall notify--

       ``(aa) any local educational agency that appears, based on 
     reported verification summary data, to have directly 
     certified at least 50 percent of the enrolled students for 
     the current school year, that the local educational agency 
     may be eligible to elect to receive special assistance 
     payments under clause (ii) for the next 2 school years and 
     explain the procedures for the local educational agency to 
     make such an election; and
       ``(bb) any local educational agency that appears, based on 
     reported verification summary data, to have directly 
     certified at least 40 percent of the enrolled students for 
     the current school year, that the local educational agency 
     may become eligible to elect to receive special assistance 
     payments under clause (ii) for a future school year if the 
     local educational agency directly certifies at least 50 
     percent of the enrolled students.

       ``(III) Local educational agency notification.--Not later 
     than May 1 of each school year, each local educational agency 
     shall notify--

       ``(aa) any school that directly certified at least 60 
     percent of the enrolled students for the current school year, 
     that the school is eligible to elect to receive special 
     assistance payments under clause (ii) for the next school 
     year and explain the procedures for the school to make such 
     an election; and
       ``(bb) any school that directly certified at least 50 
     percent of the enrolled students for the current school year, 
     that the school may become eligible to elect to receive 
     special assistance payments under clause (ii) for a future 
     school year if the school directly certifies at least 60 
     percent of the enrolled students.

       ``(IV) Procedures.--Not later than December 31, 2010, the 
     Secretary shall establish procedures for State agencies, 
     local educational agencies, and schools to meet the 
     requirements of this clause and to exercise the option 
     provided under clause (i).''.

       (b) Conforming Amendments.--Section 11(a)(1)(B) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1759a(a)(1)(B)) is amended by striking ``or (E)'' and 
     inserting ``(E), (F), or (G)''.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Pryor):
  S. 1228. A bill to amend chapter 63 of title 5, United States Code, 
to modify the rate of accrual of annual leave for administrative law 
judges, contract appeals board members, and immigration judges; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. AKAKA. Mr. President, today I introduce the Administrative Judge 
Leave Equity Act, a bill to provide leave equity for Administrative Law 
Judges, ALSs, Contract Board of Appeals Judges, CBAJs, and Immigration 
Law Judges. I am pleased to be joined in this effort by my friend, 
Senator Mark Pryor.
  In 2004, Congress passed the Federal Workforce Flexibility Act, which 
changed the leave accrual rate for mid-

[[Page S6459]]

career employees entering the Federal workforce. Under the Act, agency 
heads were given the discretion to allow workers to qualify a period of 
an employee's non-Federal career experience as a period of Federal 
service. Additionally, the Act stated that all senior executives and 
senior-level employees accrued annual leave at the maximum rate of 
eight hours for each biweekly pay period.
  Although senior executives were placed under a pay-for-performance 
system, administrative law judges accrued leave at the maximum rate, 
the same as other senior-level employees. Under the last 
administration, the Office of Personnel Management denied 
administrative law judges leave equity because they are not under a 
pay-for-performance system. I believe it is inappropriate for 
administrative law judges to be placed under any type of pay-for-
performance system because it could compromise their independence. 
Independent decisionmaking is essential for administrative law judges, 
and is the reason ALJs and CBAJs do not receive bonus awards.
  Currently, there is a shortage of ALJs to adjudicate benefits claims 
in the Social Security Administration. There are approximately 765,000 
cases pending and not enough ALJs to process the backlog. I believe 
this bill will provide the Federal Government with an important tool in 
its efforts to recruit and retain highly-skilled administrative law 
judges.
  I am pleased that this bill enjoys broad support from employee groups 
that represent administrative law judges, including the Association of 
Administrative Law Judges, the Association of Hearing Office Chief 
Judges, the Federal Administrative Law Judges Conference, the Forum of 
U.S. Administrative Law Judges, the International Federation of 
Professional and Technical Engineers, the National Association of 
Immigration Judges, and the Senior Executives Association.
  The time has come to give administrative law judges the same benefits 
as other senior-level employees.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1228

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

     SECTION 1. ACCRUAL RATE OF ANNUAL LEAVE FOR ADMINISTRATIVE 
                   LAW JUDGES, CONTRACT APPEALS BOARD MEMBERS, AND 
                   IMMIGRATION JUDGES.

       (a) In General.--Section 6303 of title 5, United States 
     Code, is amended by striking subsection (f) and inserting the 
     following:
       ``(f) Notwithstanding any other provision of this section, 
     the rate of accrual of annual leave under subsection (a) 
     shall be 1 day for each full biweekly pay period in the case 
     of any employee who--
       ``(1) holds a position which is subject to--
       ``(A) section 5372, 5372a, 5376, or 5383; or
       ``(B) a pay system equivalent to a pay system to which any 
     provision under paragraph (1) applies, as determined by the 
     Office of Personnel Management; or
       ``(2) is an immigration judge as defined under section 
     101(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1101(b)(4)).''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the first day of the first applicable 
     pay period beginning on or after 30 days after the date of 
     enactment of this Act.
                                 ______
                                 
      By Ms. LANDRIEU (for herself and Ms. Snowe):
  S. 1229. A bill to reauthorize and improve the entrepreneurial 
development programs of the Small Business Administration, and for 
other purposes; to the Committee on Small Business and 
Entrepreneurship.
  Ms. LANDRIEU. Mr. President, the Small Business Administration has 
provided critical financial assistance and counseling to America's 
small businesses since 1953. The services and assistance provided 
through SBAs programs have been pivotal to this country's economic 
growth and have helped thousands of American entrepreneurs realize 
their dream of starting and growing a successful business. In this time 
of economic uncertainty, reauthorization of these entrepreneurial 
development programs is essential to moving our Nation forward.
  What helps our entrepreneurs helps our entire economy. According to 
the U.S. Census Bureau, small businesses represent 99.7 percent of all 
firms, employ more than half of the workforce and account for half of 
the Nation's Gross Domestic Product. Small business management and 
technical assistance can potentially help millions of small businesses 
by teaching entrepreneurs and small business owners fundamental 
principles and practices regarding cash flow, cost management, how to 
access to capital and effective business planning. The SBA, through its 
resource partners such as Small Business Development Centers, SBDCs, 
Women's Business Centers, WBCs, Service Corps of Retired Executives, 
SCORE, and others, not only provides technical assistance and 
information to potential and current small business owners, but helps 
focus this Nation's entrepreneurial spirit into concrete economic 
growth.
  As Chair of the Committee on Small Business and Entrepreneurship, I 
have heard from small business owners across the country. They have 
told me that the programs and services currently offered by the Small 
Business Administration provide access to important resources that 
enable them to start, grow and expand their businesses. But more can 
and must be done to help these entrepreneurs. Through an extensive 
reauthorization of the entrepreneurial development programs within the 
Small Business Act, I believe that we can dramatically improve the 
tools available to small business concerns while simultaneously growing 
and strengthening our economy.
  That is why today I am introducing the Entrepreneurial Development 
Act of 2009. This legislation will provide SBA resource partners with 
the tools they need to effectively serve small businesses, giving them 
more opportunities to help lead the nation back toward economic 
prosperity.
  Before I discuss details of this bill, I first wish to thank Senator 
Snowe for her continued leadership on small business issues and working 
with me on this bipartisan effort. Over the past three congresses, the 
reauthorization of these programs has continued to receive support on 
both sides of the aisle, demonstrating the importance of reauthorizing 
essential entrepreneurial development programs.
  SBA is utilizing resource partners such as SBDCs, SCORE, WBCs and 
others to ensure that we are growing the Nation's economy through 
entrepreneurial development. In 2007, with a modest Federal investment 
of approximately $97 million in assistance, SBDC clients generated 
nearly $220 million in additional Federal revenues. Many of the small 
businesses that received assistance from SBDC's attributed their 
success to assistance offered by the SBDC. Nationally, this economic 
activity resulted in approximately $2.26 in revenue for every Federal 
dollar expended.
  This level of return on investment is not unique to SBDCs. According 
to an SBA report to Congress, SCORE helped create more than 19,000 new 
small businesses in 2007 at a cost of $29 per business and helped 
create more than 25,000 new jobs each year.
  These programs also provide essential information, training and 
assistance to a broad and diverse cross-section of communities 
throughout the country, and serve to further grow a variety of 
industries. Resource partners such as WBCs and initiatives such as the 
Program for Investment in Microentrepreneurs, PRIME, are dedicated to 
serving clients who are economically and socially disadvantaged, 
providing tools and resources to small businesses in those communities 
that are most in need. According to a study sponsored by the 
Association of Women's Business Centers, AWBC, 2/3 of WBC clients have 
household incomes of less than $50,000 and 42 percent are women of 
color. These programs serve communities with limited access to capital 
and educational opportunities and provide them with the tools and 
information they need to start and manage a successful business.
  The reauthorization of these programs is critical to effectively 
provide entrepreneurs with essential assistance and resources to start 
a successful business. The legislation will also create opportunities 
for veterans and service disabled small business owners. According to 
the Department of Veteran Affairs, there are more than 23.8 million 
veterans in the country, with hundreds of new veterans returning home 
from service in Iraq and Afghanistan each day. Many of these returning 
soldiers become entrepreneurs to support

[[Page S6460]]

themselves and rebuild their lives after long deployments, which also 
serves to create new jobs in their communities.
  Since the passage of The Veterans Entrepreneurship and Small Business 
Development Act of 1999, the SBA's Office of Veterans Business 
Development has been working to provide technical assistance and 
support to those veterans who have served our country and returned to 
start or grow a small business. This legislation seeks to ease their 
transition by providing business counseling and technical assistance 
through a new network of Veterans Business Centers, modeled after 
Women's Business Centers and Small Business Development Centers. The 
Veterans Business Center Program will provide services not only to 
returning veterans and service disabled veterans, but also to the 
families, spouses and surviving spouses of these heroic men and women.
  The 111th Congress will be the third consecutive Congress during 
which comprehensive legislation reauthorizing and improving the SBA's 
Entrepreneurial Programs has been introduced. Ranking Member Snowe 
introduced S. 3778 in the 109th Congress and former Chairman John Kerry 
introduced S. 1671 and S. 2920, a bill to which I was a cosponsor, 
during the 110th Congress. In each previous Congress, this legislation 
was well received and passed unanimously out of Committee; however, 
these bills stalled before the full Senate. As Chair of the Small 
Business Committee this Congress, it is a top priority of mine to 
finally get this legislation passed and ensure that during this time of 
economic uncertainty, we are able to provide small businesses with the 
tools they need to grow and expand their businesses. With this in mind, 
I will work closely with Ranking Member Snowe and the other members of 
the Committee in the coming months to get this legislation to the 
President's desk.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1229

       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 ``Entrepreneurial Development 
     Act of 2009''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.

                        TITLE I--REAUTHORIZATION

Sec. 101. Reauthorization.

          TITLE II--WOMEN'S SMALL BUSINESS OWNERSHIP PROGRAMS

Sec. 201. Office of Women's Business Ownership.
Sec. 202. Women's Business Center Program.
Sec. 203. National Women's Business Council.
Sec. 204. Interagency Committee on Women's Business Enterprise.
Sec. 205. Preserving the independence of the National Women's Business 
              Council.
Sec. 206. Study and report on women's business centers.

     TITLE III--NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM

Sec. 301. Short title.
Sec. 302. Native American small business development program.
Sec. 303. Study and report on Native American business centers.
Sec. 304. Office of Native American Affairs pilot program.

              TITLE IV--VETERANS' BUSINESS CENTER PROGRAM

Sec. 401. Veterans' business center program; Office of Veterans 
              Business Development.
Sec. 402. Reporting requirement for interagency task force.
Sec. 403. Repeal and renewal of grants.

         TITLE V--PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS

Sec. 501. PRIME reauthorization.
Sec. 502. Conforming repeal and amendments.
Sec. 503. References.
Sec. 504. Rule of construction.

                       TITLE VI--OTHER PROVISIONS

Sec. 601. Institutions of higher education.
Sec. 602. Health insurance options information for small business 
              concerns.
Sec. 603. National Small Business Development Center Advisory Board.
Sec. 604. Privacy requirements for SCORE chapters.
Sec. 605. National small business summit.
Sec. 606. SCORE program.
Sec. 607. Assistance to out-of-state small businesses.
Sec. 608. Small business development centers.
Sec. 609. Evaluation of pilot programs.

     SEC. 3. DEFINITIONS.

       In this Act--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act (15 U.S.C. 
     632); and
       (3) the term ``small business development center'' means a 
     small business development center described in section 21 of 
     the Small Business Act (15 U.S.C. 648).

                        TITLE I--REAUTHORIZATION

     SEC. 101. 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 for a total of--
       ``(1) $10,000,000 in fiscal year 2010;
       ``(2) $11,000,000 in fiscal year 2011; and
       ``(3) $13,000,000 in fiscal year 2012.''.
       (b) Small Business Development Centers.--Section 
     21(a)(4)(C)(vii) of the Small Business Act (15 U.S.C. 
     648(a)(4)(C)(vii)) is amended to read as follows:
       ``(vii) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this 
     subparagraph--

       ``(I) $150,000,000 for fiscal year 2010;
       ``(II) $155,000,000 for fiscal year 2011; and
       ``(III) $160,000,000 for fiscal year 2012.''.

       (c) Paul D. Coverdell Drug-Free Workplace Program.--
       (1) In general.--Section 27(g) of the Small Business Act 
     (15 U.S.C. 654(g)) is amended--
       (A) in paragraph (1), by striking ``fiscal years 2005 and 
     2006'' and inserting ``fiscal years 2010 through 2012''; and
       (B) in paragraph (2), by striking ``fiscal years 2005 and 
     2006'' and inserting ``fiscal years 2010 through 2012''.
       (2) Conforming amendment.--Section 21(c)(3)(T) of the Small 
     Business Act (15 U.S.C. 648(c)(3)(T)) is amended by striking 
     ``October 1, 2006'' and inserting ``October 1, 2012''.

          TITLE II--WOMEN'S SMALL BUSINESS OWNERSHIP PROGRAMS

     SEC. 201. 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

[[Page S6461]]

       (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. 202. 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 
     201(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 
     201(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 201(b), the following:
       ``(6) the term `women's business center' means a project 
     conducted by an eligible entity under this section that--
       ``(A) is carried out separately from other projects, if 
     any, of the eligible entity; and
       ``(B) is separate from the financial system of the eligible 
     entity;''.
       (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''; and
       (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'';
       (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.--

[[Page S6462]]

       ``(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.--Section 29 of the 
     Small Business Act (15 U.S.C. 656) is amended--
       (1) in subsection (h)(2), by striking ``to award a contract 
     (as a sustainability grant) under subsection (l) or'';
       (2) in subsection (j)(1), by striking ``The 
     Administration'' and inserting ``Not later than November 1st 
     of each year, the Administrator'';
       (3) in subsection (k)--
       (A) by striking paragraphs (1), (2), and (4);
       (B) by redesignating paragraph (3) as paragraph (5); and
       (C) 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 2010;
       ``(B) $20,500,000 for fiscal year 2011; and
       ``(C) $21,000,000 for fiscal year 2012.
       ``(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.'';
       (4) in subsection (m)(4)(D), by striking ``or subsection 
     (l)''; and
       (5) by redesignating subsections (m) and (n), as amended by 
     this Act, as subsections (l) and (m), respectively.

     SEC. 203. 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 ``2010 through 2012, of which not less than 30 
     percent''.

     SEC. 204. 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. 205. PRESERVING THE INDEPENDENCE OF THE NATIONAL WOMEN'S 
                   BUSINESS COUNCIL.

       (a) Findings.--Congress finds the following:

[[Page S6463]]

       (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. 206. 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.

     TITLE III--NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Native American Small 
     Business Development Act of 2009''.

     SEC. 302. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by redesignating section 44 as section 45; and
       (2) by inserting after section 43 the following:

     ``SEC. 44. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT 
                   PROGRAM.

       ``(a) Definitions.--In this section--
       ``(1) the term `Alaska Native' has the meaning given the 
     term `Native' in section 3(b) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602(b));
       ``(2) the term `Alaska Native corporation' has the meaning 
     given the term `Native Corporation' in section 3(m) of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1602(m));
       ``(3) the term `Assistant Administrator' means the 
     Assistant Administrator of the Office of Native American 
     Affairs established under subsection (b);
       ``(4) the terms `center' and `Native American business 
     center' mean a center established under subsection (c);
       ``(5) the term `eligible applicant' means--
       ``(A) an Indian tribe;
       ``(B) a tribal college;
       ``(C) an Alaska Native corporation; or
       ``(D) a private, nonprofit organization--
       ``(i) that provides business and financial or procurement 
     technical assistance to any entity described in subparagraph 
     (A), (B), or (C); and
       ``(ii) the majority of members of the board of directors of 
     which are members of an Indian tribe; or
       ``(E) a small business development center, women's business 
     center, or other private organization participating in a 
     joint project;
       ``(6) the term `Indian' means a member of an Indian tribe;
       ``(7) the term `Indian tribe' has the meaning given that 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b);
       ``(8) 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; and

       ``(ii) provides 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;
       ``(9) the term `Native American Business Enterprise Center' 
     means an entity providing business development assistance to 
     federally recognized tribes and Native Americans under a 
     grant from the Minority Business Development Agency of the 
     Department of Commerce;
       ``(10) the term `Native American small business concern' 
     means a small business concern that is owned and controlled 
     by--
       ``(A) a member of an Indian tribe; or
       ``(B) an Alaska Native or Alaska Native corporation;
       ``(11) the term `Native American small business development 
     program' means the program established under subsection (c);
       ``(12) the term `tribal college' has the meaning given the 
     term `tribally controlled college or university' has in 
     section 2(a)(4) of the Tribally Controlled Community College 
     Assistance Act of 1978 (25 U.S.C. 1801(a)(4)); and
       ``(13) the term `tribal lands' means all lands within the 
     exterior boundaries of any Indian reservation.
       ``(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 Assistant 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 assist Native American entrepreneurs 
     to--
       ``(A) start, operate, and increase the business of small 
     business concerns;
       ``(B) develop management and technical skills;
       ``(C) seek Federal procurement opportunities;
       ``(D) increase employment opportunities for Native 
     Americans through the establishment and expansion of small 
     business concerns; and
       ``(E) increase the access of Native Americans to capital 
     markets.
       ``(3) Assistant administrator.--
       ``(A) Appointment.--The Administrator shall appoint a 
     qualified individual to serve as Assistant Administrator of 
     the Office of Native American Affairs in accordance with this 
     paragraph.
       ``(B) Qualifications.--The Assistant 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 Assistant Administrator as--
       ``(i) a position at GS-15 of the General Schedule; or
       ``(ii) a Senior Executive Service position to be filled by 
     a noncareer appointee, as defined under section 3132(a)(7) of 
     title 5, United States Code.

[[Page S6464]]

       ``(D) Responsibilities and duties.--The Assistant 
     Administrator shall--
       ``(i) in consultation with the Associate Administrator for 
     Entrepreneurial Development, administer and manage the Native 
     American Small Business Development program established under 
     this section;
       ``(ii) recommend the annual administrative and program 
     budgets for the Office of Native American Affairs;
       ``(iii) consult with Native American business centers in 
     carrying out the program established under this section;
       ``(iv) recommend appropriate funding levels;
       ``(v) review the annual budgets submitted by each applicant 
     for the Native American Small Business Development program;
       ``(vi) select applicants to participate in the program 
     under this section;
       ``(vii) implement this section; and
       ``(viii) maintain a clearinghouse for the dissemination and 
     exchange of information between Native American business 
     centers.
       ``(E) Consultation requirements.--In carrying out the 
     responsibilities and duties described in this paragraph, the 
     Assistant Administrator shall confer with and seek the advice 
     of--
       ``(i) officials of the Administration working in areas 
     served by Native American business centers;
       ``(ii) representatives of Indian tribes;
       ``(iii) tribal colleges; and
       ``(iv) Alaska Native corporations.
       ``(c) Native American Small Business Development Program.--
       ``(1) Authorization.--
       ``(A) In general.--The Administration, through the Office 
     of Native American Affairs, shall provide financial 
     assistance to eligible applicants to create 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 creation, development, and expansion of small 
     business concerns, in accordance with this section, by--
       ``(i) reservation-based American Indians; and
       ``(ii) Alaska Natives.
       ``(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) utilizing 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 small 
     business concerns that are owned by--
       ``(i) Indians or Indian tribes, and located on or near 
     tribal lands; or
       ``(ii) Alaska Natives or Alaska Native corporations.
       ``(3) Form of federal financial assistance.--
       ``(A) Documentation.--
       ``(i) In general.--The financial assistance to Native 
     American business centers authorized under this subsection 
     may be made by grant, contract, or cooperative agreement.
       ``(ii) Exception.--Financial assistance under this 
     subsection to Alaska Native corporations may only be made by 
     grant 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 small business center 
     after notice of the award has been issued.
       ``(C) Federal share.--
       ``(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 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.--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.

       ``(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 
     lands, to the extent that such 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 an executive 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 universities, Indian tribes, or 
     tribal colleges; and
       ``(iv) the prudent management of finances and staffing;
       ``(E) the location where 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

[[Page S6465]]

       ``(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 60 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 such 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 share;
       ``(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 
     provides the center with written notification setting forth 
     the reasons therefor and affords the center an opportunity 
     for a hearing, appeal, or other administrative proceeding 
     under chapter 5 of title 5, United States Code.
       ``(E) Management report.--
       ``(i) In general.--The Administration shall prepare and 
     submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business 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 created 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 created or maintained, on an 
     annual basis, by Native American small business concerns 
     assisted by the center since receiving funding under this 
     Act;
       ``(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; and
       ``(VI) the most recent examination, as required under 
     subparagraph (B), and the determination made by the 
     Administration under that subparagraph.

       ``(9) Annual report.--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, categorized by 
     ethnicity;
       ``(B) the number of hours spent providing counseling and 
     training for those individuals;
       ``(C) the number of startup small business concerns created 
     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 created or maintained by small 
     business concerns assisted by the Native American business 
     center; and
       ``(F) the number of jobs for Native Americans created 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.--There is authorized 
     to be appropriated $10,000,000 for each of fiscal years 2010 
     through 2012, to carry out the Native American Small Business 
     Development program.''.

     SEC. 303. STUDY AND REPORT ON NATIVE AMERICAN BUSINESS 
                   CENTERS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a broad study of the unique economic 
     issues facing Native American business centers 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 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 Native American 
     business centers face because of the type of area in which 
     such centers are located;
       (2) expand the presence of, and increase the services 
     provided by, Native American business centers; and
       (3) best use technology and other resources to better serve 
     Native American business owners.
       (c) Definition of Native American Business Center.--In this 
     section, the term ``Native American business center'' has the 
     meaning given that term in section 44(a) of the Small 
     Business Act, as added by this Act.

     SEC. 304. OFFICE OF NATIVE AMERICAN AFFAIRS PILOT PROGRAM.

       (a) Definition.--In this section, the term ``Indian tribe'' 
     means any band, nation, or organized group or community of 
     Indians located in the contiguous United States, and the 
     Metlakatla Indian Community, whose members are recognized as 
     eligible for the services provided to Indians by the 
     Secretary of the Interior because of their status as Indians.
       (b) Authorization.--The Office of Native American Affairs 
     of the Administration may conduct a pilot program--
       (1) to develop and publish a self-assessment tool for 
     Indian tribes that will allow such tribes to evaluate and 
     implement best practices for economic development; and
       (2) to provide assistance to Indian tribes, through an 
     interagency working group, in identifying and implementing 
     economic development opportunities available from the Federal 
     Government and private enterprise, including--
       (A) the Administration;
       (B) the Department of Energy;
       (C) the Environmental Protection Agency;
       (D) the Department of Commerce;
       (E) the Federal Communications Commission;
       (F) the Department of Justice;
       (G) the Department of Labor;
       (H) the Office of National Drug Control Policy; and
       (I) the Department of Agriculture.
       (c) Termination of Program.--The authority to conduct a 
     pilot program under this section shall terminate on September 
     30, 2012.
       (d) Report.--Not later than September 30, 2012, the Office 
     of Native American Affairs shall submit a report to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives regarding the effectiveness of the self-
     assessment tool developed under subsection (b)(1).

              TITLE IV--VETERANS' BUSINESS CENTER PROGRAM

     SEC. 401. 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

[[Page S6466]]

     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 `Service Corps of Retired Executives' means 
     the Service Corps of Retired Executives 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;
       ``(B) a private nonprofit organization that--
       ``(i) received financial assistance in fiscal year 2006 
     from the National Veterans Business Development Corporation 
     established under section 33; and
       ``(ii) is in operation on the date of enactment of this 
     subsection; or
       ``(C) other 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), 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

[[Page S6467]]

     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.
       ``(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 2010 through 2012; and
       ``(2) to carry out subsection (g)--
       ``(A) $8,000,000 for fiscal year 2010;
       ``(B) $8,500,000 for fiscal year 2011; and
       ``(C) $9,000,000 for fiscal year 2012.''.
       (b) GAO Report.--
       (1) Definitions.--In this subsection--
       (A) the term ``small business concern owned and controlled 
     by veterans'' has the meaning given that term in section 
     32(g) of the Small Business Act, as added by this section; 
     and
       (B) the term ``veterans' business center program'' means 
     the veterans' business center program established under 
     section 32(g) of the Small Business Act, as added by this 
     section.
       (2) Report.--
       (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;

[[Page S6468]]

       (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 clause (ii) are 
     duplicative of services provided by other veteran service 
     organizations, programs of the 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 veteran's 
     business center program.

     SEC. 402. 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.''.

     SEC. 403. REPEAL AND RENEWAL OF GRANTS.

       (a) Definition.--In this section, the term ``covered grant, 
     contract, or cooperative agreement'' means a grant, contract, 
     or cooperative agreement that was--
       (1) made or entered into under section 8(b)(17) of the 
     Small Business Act (15 U.S.C. 637(b)(17)); and
       (2) in effect on or before the date described in subsection 
     (b)(2).
       (b) Repeal.--
       (1) In general.--Section 8(b) of the Small Business Act (15 
     U.S.C. 637(b)) is amended--
       (A) in paragraph (15), by adding ``and'' at the end;
       (B) in paragraph (16), by striking ``; and'' and inserting 
     a period; and
       (C) by striking paragraph (17).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect 60 days after the date of enactment of this 
     Act.
       (c) Transitional Rules.--
       (1) 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.
       (2) 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 this Act).
       (d) 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 this Act).

         TITLE V--PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS

     SEC. 501. PRIME REAUTHORIZATION.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by redesignating sections 37 through 44 as sections 38 
     through 45, respectively; and
       (2) by inserting after section 36 the following:

     ``SEC. 37. PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS.

       ``(a) Definitions.--In this section:
       ``(1) Associate administrator.--The term `Associate 
     Administrator' means the Associate Administrator for 
     Entrepreneurial Development of the Administration.
       ``(2) Capacity building services.--The term `capacity 
     building services' means services provided to an organization 
     that is, or that is in the process of becoming, a 
     microenterprise development organization or program, for the 
     purpose of enhancing the ability of the organization to 
     provide training and services to disadvantaged entrepreneurs.
       ``(3) Collaborative.--The term `collaborative' means 2 or 
     more nonprofit entities that agree to act jointly as a 
     qualified organization under this section.
       ``(4) Disadvantaged entrepreneur.--The term `disadvantaged 
     entrepreneur' means a microentrepreneur that--
       ``(A) is a low-income person;
       ``(B) is a very low-income person; or
       ``(C) lacks adequate access to capital or other resources 
     essential for business success, or is economically 
     disadvantaged, as determined by the Administrator.
       ``(5) Disadvantaged native american entrepreneur.--The term 
     `disadvantaged Native American entrepreneur' means a 
     disadvantaged entrepreneur who is also a member of an Indian 
     Tribe.
       ``(6) Indian tribe.--The term `Indian tribe' has the 
     meaning given that term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e).
       ``(7) Intermediary.--The term `intermediary' means a 
     private, nonprofit entity that seeks to serve microenterprise 
     development organizations and programs, as authorized under 
     subsection (d).
       ``(8) Low-income person.--The term `low-income person' 
     means a person having an income, adjusted for family size, of 
     not more than--
       ``(A) for metropolitan areas, 80 percent of the area median 
     income; and
       ``(B) for nonmetropolitan areas, the greater of--
       ``(i) 80 percent of the area median income; or
       ``(ii) 80 percent of the statewide nonmetropolitan area 
     median income.
       ``(9) Microentrepreneur.--The term `microentrepreneur' 
     means the owner or developer of a microenterprise.
       ``(10) Microenterprise.--The term `microenterprise' means a 
     sole proprietorship, partnership, or corporation that--
       ``(A) has not more than 4 employees; and
       ``(B) generally lacks access to conventional loans, equity, 
     or other banking services.
       ``(11) Microenterprise development organization or 
     program.--The term `microenterprise development organization 
     or program' means a nonprofit entity, or a program 
     administered by such an entity, including community 
     development corporations or other nonprofit development 
     organizations and social service organizations, that provides 
     services to disadvantaged entrepreneurs.
       ``(12) Training and technical assistance.--The term 
     `training and technical assistance' means services and 
     support provided to disadvantaged entrepreneurs, such as 
     assistance for the purpose of enhancing business planning, 
     marketing, management, financial management skills, and 
     assistance for the purpose of accessing financial services.
       ``(13) Qualified organization.--The term `qualified 
     organization' means--
       ``(A) a nonprofit microenterprise development organization 
     or program (or a group or collaborative thereof) that has a 
     demonstrated record of delivering microenterprise services to 
     disadvantaged entrepreneurs;
       ``(B) an intermediary;
       ``(C) a microenterprise development organization or program 
     that is--
       ``(i) accountable to a local community; and
       ``(ii) working in conjunction with a State or local 
     government or Indian tribe; or
       ``(D) an Indian tribe acting on its own, if the Indian 
     tribe certifies that no private organization or program 
     referred to in this paragraph exists within its jurisdiction.
       ``(14) Very low-income person.--The term `very low-income 
     person' means an individual having an income, adjusted for 
     family size, of not more than 150 percent of the poverty line 
     (as defined in section 673(2) of the Community Services Block 
     Grant Act (42 U.S.C. 9902(2)), including any revision 
     required by that section).
       ``(b) Establishment of Program.--The Associate 
     Administrator shall establish a microenterprise training and 
     technical assistance and capacity building services grant 
     program to provide grants to qualified organizations in 
     accordance with this section.
       ``(c) Uses of Assistance.--A qualified organization shall 
     use a grant made under this section--
       ``(1) to provide training and technical assistance to 
     disadvantaged entrepreneurs;
       ``(2) to provide training and technical assistance and 
     capacity building services to microenterprise development 
     organizations and programs and groups of such organizations 
     and programs to assist such organizations and programs in 
     developing microenterprise training and services;
       ``(3) to aid in researching and developing the best 
     practices in the field of microenterprise and training and 
     technical assistance programs for disadvantaged 
     entrepreneurs;
       ``(4) to provide training and technical assistance to 
     disadvantaged Native American entrepreneurs and prospective 
     disadvantaged Native American entrepreneurs; and
       ``(5) for such other activities as the Associate 
     Administrator determines are consistent with the purposes of 
     this section.
       ``(d) Allocation of Grants; Subgrants.--
       ``(1) Allocation of grants.--
       ``(A) In general.--The Associate Administrator shall 
     allocate assistance from the Administration under this 
     section to ensure that--
       ``(i) not less than 75 percent of amounts made available to 
     the Administrator for grants under this section are used for 
     activities described in subsection (c)(1); and
       ``(ii) not less than 15 percent of amounts made available 
     to the Administrator for grants under this section are used 
     for activities described in subsection (c)(2).
       ``(B) Limit on individual assistance.--No single person may 
     receive more than 10 percent of the total amounts made 
     available for grants under this section for a single fiscal 
     year.
       ``(2) Targeted assistance.--The Associate Administrator 
     shall ensure that not less than 50 percent of the total 
     amounts made available for grants under this section are used 
     to benefit very low-income persons, including very low-income 
     persons residing on Indian reservations.
       ``(3) Subgrants authorized.--
       ``(A) In general.--A qualified organization receiving a 
     grant under this section may provide subgrants using that 
     grant to qualified organizations that are small or emerging 
     microenterprises and programs, subject to such rules and 
     regulations as the Associate Administrator determines are 
     appropriate.
       ``(B) Limit on administrative expenses.--Not more than 7.5 
     percent of the amount received by a qualified organization 
     under a grant under this section may be used for 
     administrative expenses in connection with the making of 
     subgrants under subparagraph (A).
       ``(4) Diversity.--In making grants under this section, the 
     Associate Administrator shall ensure that grant recipients 
     include

[[Page S6469]]

     both large and small microenterprise organizations that serve 
     urban, rural, and Indian tribal communities and diverse 
     populations.
       ``(5) Prohibition on preferential consideration of certain 
     administration program participants.--In making grants under 
     this section, the Associate Administrator shall ensure that 
     any application made by a qualified organization that is a 
     participant in the program established under section 7(m) 
     does not receive preferential consideration over applications 
     from other qualified organizations that are not participants 
     in the program.
       ``(e) Federal Share.--
       ``(1) In general.--A qualified organization that receives a 
     grant under this section shall provide non-Federal 
     contributions to carry out the activities described in 
     subsection (c) in an amount equal to not less than 50 percent 
     of the amount of the grant received under this section.
       ``(2) Sources of non-federal share.--The non-Federal share 
     of the cost of a project using a grant under this section may 
     be in the form of fees, grants, gifts, funds from loan 
     sources, or in-kind resources of an applicant from public or 
     private sources.
       ``(3) Exception.--
       ``(A) In general.--If the Associate Administrator 
     determines that an applicant for assistance under this 
     section has severe constraints on available sources of non-
     Federal funds, the Associate Administrator may reduce or 
     eliminate the requirement under paragraph (1).
       ``(B) Limitation.--Not more than 10 percent of the total 
     funds made available from the Administration in any fiscal 
     year to carry out this section may be excepted under 
     subparagraph (A) from the requirement under paragraph (1).
       ``(f) Applications for Assistance.--An application for a 
     grant under this section shall be submitted in such form and 
     in accordance with such procedures as the Associate 
     Administrator shall establish.
       ``(g) Recordkeeping and Reporting.--
       ``(1) In general.--Each qualified organization that 
     receives a grant under this section shall--
       ``(A) submit to the Administration not less frequently than 
     once every 18-month period, financial statements audited by 
     an independent certified public accountant;
       ``(B) submit an annual report to the Administration on the 
     activities of the qualified organization; and
       ``(C) keep such records as the Associate Administrator 
     determines are necessary to disclose the manner in which 
     amounts made available under a grant under this section are 
     used.
       ``(2) Access.--Upon the request of the Associate 
     Administrator, the Associate Administrator shall have access 
     to any record of any qualified organization that receives a 
     grant under this section, for the purpose of determining 
     compliance with this section.
       ``(3) Data collection.--Each qualified organization that 
     receives a grant under this section shall collect information 
     relating to, as applicable--
       ``(A) the number of individuals counseled or trained by the 
     organization;
       ``(B) the number of hours of counseling provided by the 
     organization;
       ``(C) the number of startup small business concerns formed 
     with the assistance of the organization;
       ``(D) the number of small business concerns expanded with 
     the assistance of the organization;
       ``(E) the number of low-income individuals counseled or 
     trained by the organization; and
       ``(F) the number of very low-income individuals counseled 
     or trained by the organization.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Administrator $15,000,000 for each of fiscal years 
     2010 through 2012 to carry out this section, which shall 
     remain available until expended.
       ``(2) Certain programs.--In addition to the amount 
     authorized under paragraph (1), there are authorized to be 
     appropriated to the Administrator $2,000,000 for each of 
     fiscal years 2010 through 2012 to carry out subsection 
     (c)(4), which shall remain available until expended.''.

     SEC. 502. CONFORMING REPEAL AND AMENDMENTS.

       (a) Conforming Repeal.--Subtitle C of title I of the Riegle 
     Community Development and Regulatory Improvement Act of 1994 
     (15 U.S.C. 6901 et seq.) is repealed.
       (b) Conforming Amendments.--The Small Business Act (15 
     U.S.C. 631 et seq.) is amended--
       (1) in section 38(d) (15 U.S.C. 657i(d)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 44'';
       (2) in section 41(d) (15 U.S.C. 657l(d)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 44''; and
       (3) in section 42(b) (15 U.S.C. 657m(b)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 44''.

     SEC. 503. REFERENCES.

       All references in Federal law, other than section 504 of 
     this Act, to the ``Program for Investment in 
     Microentrepreneurs Act of 1999'' or the ``PRIME Act'' shall 
     be deemed to be references to section 37 of the Small 
     Business Act, as added by this Act.

     SEC. 504. RULE OF CONSTRUCTION.

       Nothing in this title or the amendments made by this title 
     shall affect any grant or assistance provided under the 
     Program for Investment in Microentrepreneurs Act of 1999 (15 
     U.S.C. 6901 et seq.), before the date of enactment of this 
     Act, and any such grant or assistance shall be subject to the 
     Program for Investment in Microentrepreneurs Act of 1999, as 
     in effect on the day before the date of enactment of this 
     Act.

                       TITLE VI--OTHER PROVISIONS

     SEC. 601. INSTITUTIONS OF HIGHER EDUCATION.

       (a) In General.--Section 21(a)(1) of the Small Business Act 
     (15 U.S.C. 648(a)(1)) is amended by striking ``: Provided, 
     That'' and all that follows through ``on such date.'' and 
     inserting the following: ``. On and after December 31, 2010, 
     the Administration may only make a grant under this paragraph 
     to an applicant that is an institution of higher education, 
     as defined in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)) that is accredited (and not merely 
     in preaccreditation status) by a nationally recognized 
     accrediting agency or association, recognized by the 
     Secretary of Education for such purpose in accordance with 
     section 496 of that Act (20 U.S.C. 1099b), or to a women's 
     business center operating pursuant to section 29 as a small 
     business development center, unless the applicant was 
     receiving financial assistance (including a contract or 
     cooperative agreement) on December 31, 2010.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on December 31, 2010.

     SEC. 602. HEALTH INSURANCE OPTIONS INFORMATION FOR SMALL 
                   BUSINESS CONCERNS.

       (a) Definitions.--In this section--
       (1) the term ``grant program'' means the small business 
     health insurance information grant program established under 
     subsection (b)(1); and
       (2) the term ``resource partner'' means--
       (A) the association of small business development centers 
     authorized to be established under section 21(a)(3)(A) of the 
     Small Business Act (15 U.S.C. 648(a)(3)(A));
       (B) the Association of Women's Business Centers;
       (C) the Service Corps of Retired Executives authorized by 
     section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 
     637(b)(1)(B)); and
       (D) 1 veterans business center (as that term is used in 
     section 32(g) of the Small Business Act (15 U.S.C. 657b(g)), 
     as added by this Act), as determined by the Associate 
     Administrator for Entrepreneurial Development.
       (b) Small Business Health Insurance Information Program.--
       (1) Program established.--The Administrator, acting through 
     the Associate Administrator for Entrepreneurial Development, 
     shall establish a program to make grants to resource partners 
     to provide neutral and objective information and educational 
     materials regarding health insurance options, including 
     coverage options within the small group market, to small 
     business concerns.
       (2) Grant recipients.--The Associate Administrator for 
     Entrepreneurial Development shall make 1 grant to each of the 
     resource partners.
       (3) Grant amounts.--The grants made under this section 
     shall--
       (A) be made from funds appropriated to the Administrator to 
     carry out the activities of the Office of Entrepreneurial 
     Development; and
       (B) not exceed a total amount of $5,000,000.
       (4) Contract.--As a condition of receiving a grant under 
     this section, each resource partner shall agree, by contract 
     with the Administration--
       (A) to begin to use the funds in accordance with paragraph 
     (5) not later than 1 year after the date on which the 
     resource partner receives the grant; and
       (B) to return any funds that have not been used, if the 
     Administrator determines that the resource partner is not 
     carrying out the grant program activities under paragraph 
     (5)(A).
       (5) Use of funds.--
       (A) Grant program activities.--A resource partner shall use 
     funds provided under the grant program to create, in 
     consultation with the Associate Administrator for 
     Entrepreneurial Development of the Administration--
       (i) an online training program;
       (ii) an online repository of health insurance information 
     relevant to small business concerns;
       (iii) a counseling curriculum that can be used in the 
     physical location of the resource partner; and
       (iv) materials containing relevant information that can be 
     disbursed to owners of small business concerns throughout the 
     country.
       (B) Content of materials.--
       (i) In general.--In creating materials under the grant 
     program, a resource partner shall evaluate and incorporate 
     relevant portions of existing informational materials 
     regarding health insurance options, including materials and 
     resources developed by the National Association of Insurance 
     Commissioners, the Kaiser Family Foundation, and the 
     Healthcare Leadership Council.
       (ii) Health insurance options.--In incorporating 
     information regarding health insurance options under clause 
     (i), a resource partner shall provide neutral and objective 
     information regarding health insurance options in the 
     geographic area served by the resource partner, including 
     traditional employer sponsored health insurance for the group 
     insurance market, such as the health insurance options 
     described in section 2791 of

[[Page S6470]]

     the Public Health Services Act (42 U.S.C. 300gg-91) or 
     section 125 of the Internal Revenue Code of 1986, and Federal 
     and State health insurance programs.
       (c) Review and Report.--
       (1) Review of grant program.--The Associate Administrator 
     for Entrepreneurial Development shall conduct a review of the 
     effectiveness of the grant program.
       (2) Report.--Not later than 2 years after the date on which 
     all grants under the grant program are disbursed, the 
     Associate Administrator for Entrepreneurial Development 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 
     results of the review under paragraph (1).

     SEC. 603. NATIONAL SMALL BUSINESS DEVELOPMENT CENTER ADVISORY 
                   BOARD.

       (a) In General.--Section 21(i)(1) of the Small Business Act 
     (15 U.S.C. 648(i)(1)) is amended--
       (1) in the first sentence, by striking ``nine members'' and 
     inserting ``10 members'';
       (2) in the second sentence, by striking ``six'' and 
     inserting ``the members who are not from universities or 
     their affiliates'';
       (3) by striking the third sentence; and
       (4) in the fourth sentence, by inserting ``not less than'' 
     before ``one-third''.
       (b) Incumbents.--An individual serving as a member of the 
     Board on the date of enactment of this Act may continue to 
     serve on the Board until the end of the term of the member 
     under section 21(i)(1) of the Small Business Act (15 U.S.C. 
     648(i)(1)), as in effect on the day before such date of 
     enactment.

     SEC. 604. 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 such 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--
       ``(i) for disclosures with respect to financial audits 
     under paragraph (1)(B); and
       ``(ii) for client surveys under paragraph (2)(B), including 
     standards for oversight of such surveys and for dissemination 
     and use of client information.
       ``(B) Maximum privacy protection.--Regulations under this 
     paragraph shall, to the extent practicable, provide for the 
     maximum amount of privacy protection.
       ``(C) Inspector general.--Until the effective date of 
     regulations under this paragraph, any client survey and the 
     use of such information shall be approved by the Inspector 
     General of the Administration who shall include such approval 
     in the semi-annual report of the Inspector General.''.

     SEC. 605. NATIONAL SMALL BUSINESS SUMMIT.

       (a) In General.--Not later than December 31, 2012, the 
     President shall convene a National Small Business Summit to 
     examine the present conditions and future of the community of 
     small business concerns in the United States. The summit 
     shall include owners of small business concerns, 
     representatives of small business groups, labor, academia, 
     the Federal Government, State governments, Indian tribes, 
     Federal research and development agencies, and nonprofit 
     policy groups concerned with the issues of small business 
     concerns.
       (b) Report.--Not later than 90 days after the date of the 
     conclusion of the summit convened under subsection (a), the 
     President shall issue a report on the results of the summit. 
     The report shall identify key challenges and make 
     recommendations for promoting entrepreneurship and the growth 
     of small business concerns.

     SEC. 606. SCORE PROGRAM.

       (a) 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''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended--
       (A) in section 7(m)(3)(A)(i)(VIII), by striking ``Service 
     Corps of Retired Executives'' and inserting ``SCORE''; and
       (B) in section 33(b)(2), by striking ``Service Corps of 
     Retired Executives'' and inserting ``SCORE''.
       (2) Other law.--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''.
       (c) 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 established under section 8(b)(1)(B) of the Small 
     Business Act, as amended by this Act.

     SEC. 607. ASSISTANCE TO OUT-OF-STATE SMALL BUSINESSES.

       Section 21(b)(3) of the Small Business Act (15 U.S.C. 
     648(b)(3)) is amended--
       (1) by striking ``(3) At the discretion'' and inserting the 
     following:
       ``(3) Assistance to Out-of-State Small Businesses.--
       ``(A) In general.--At the discretion''; and
       (2) by adding at the end the following:
       ``(B) Disaster recovery assistance.--
       ``(i) In general.--At the discretion of the Administrator, 
     the Administrator may authorize a small business development 
     center to provide assistance, as described in subsection (c), 
     to small business concerns located outside of the State, 
     without regard to geographic proximity, if the small business 
     concerns are located in an area for which the President has 
     declared a major disaster, as defined in section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122), during the period of the declaration.
       ``(ii) Continuity of services.--A small business 
     development center that provides counselors to an area 
     described in clause (i) shall, to the maximum extent 
     practicable, ensure continuity of services in any State in 
     which the small business development center otherwise 
     provides services.
       ``(iii) Access to disaster recovery facilities.--For 
     purposes of this subparagraph, the Administrator shall, to 
     the maximum extent practicable, permit the personnel of a 
     small business development center to use any site or facility 
     designated by the Administrator for use to provide disaster 
     recovery assistance.''.

     SEC. 608. SMALL BUSINESS DEVELOPMENT CENTERS.

       (a) Portability Grants.--Section 21(a)(4)(C)(viii) of the 
     Small Business Act (15 U.S.C. 648(a)(4)(C)(viii)) is 
     amended--
       (1) in the first sentence--
       (A) by striking ``From the funds appropriated pursuant to 
     clause (vii)'' and inserting ``Of the amounts made available 
     to carry out this subparagraph in each fiscal year''; and
       (B) by striking ``as a result of a business or government 
     facility down sizing or closing, which has resulted in the 
     loss of jobs or small business instability'' and inserting 
     ``due to events that have resulted or will result in, the 
     downsizing or closing of a business or government facility''; 
     and
       (2) by adding at the end ``The Administrator may make a 
     grant under this clause that exceeds $100,000 to accommodate 
     extraordinary events that the Administrator determines have 
     had a catastrophic impact on small business concerns in a 
     community.''.
       (b) Purposes.--Section 21(a)(1) of the Small Business Act 
     (15 U.S.C. 648(a)(1)) is amended in the first sentence by 
     adding ``regulatory compliance and'' after ``counseling 
     concerning''.

     SEC. 609. EVALUATION OF PILOT PROGRAMS.

       (a) In General.--Not later than 30 months after the date of 
     disbursement of the first grant under a covered pilot 
     program, the Comptroller General of the United States shall 
     submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report evaluating 
     the covered pilot program, including recommendations, if any, 
     on possible improvements or modifications to the covered 
     pilot program, including the feasibility of extending the 
     covered pilot program to all small business development 
     centers.
       (b) Definition of Covered Pilot Program.--In this section, 
     the term ``covered pilot program'' means a pilot program 
     relating to small business development centers established 
     under this Act or an amendment made by this Act.

  Ms. SNOWE. Mr. President, as Ranking Member of the Senate Committee 
on Small Business and Entrepreneurship, I rise today to join with 
Senator Landrieu to introduce the Entrepreneurial Development Act of 
2009, a bill that would reauthorize and improve the U.S. Small Business 
Administration's, SBA, Entrepreneurial Development programs. I have 
long fought to expand the power and reach of the SBA's entrepreneurial 
development tools, which are used by millions of current and aspiring 
entrepreneurs and small businesses across the U.S. These programs 
demonstrate how Congress can play a positive role in enhancing private-
sector financing for start-up companies. We must continue to strengthen 
these core SBA programs because they have proven invaluable in aiding 
the efforts and dreams of America's entrepreneurs, and in bolstering 
small business job creation.

[[Page S6471]]

  The bill that I am cosponsoring today is the product of the type of 
bipartisan, consensus work product for which the Senate Small Business 
Committee has come to be known. The provisions contained in this 
legislation are a compilation of ideas and initiatives put forward by 
myself, Senator Landrieu, and other Committee members. Much of the 
language in the Entrepreneurial Development Act of 2009 was contained 
in S. 2920, the SBA Reauthorization and Improvements Act in the 110th 
Congress, the individual provisions of which were each passed 
unanimously by the Senate Small Business Committee during the 110th 
Congress. Unfortunately, that bipartisan bill never passed the Senate.
  This act, among other things, builds upon the aforementioned 
successes of SBA's Entrepreneurial Development programs, which 
collectively created or retained 200,000 jobs in 2008 alone.
  Since their inception, Small Business Development Centers, SBDCs, 
have been essential in the delivery of management and technical 
counseling assistance and educational programs to prospective and 
existing small business owners. The SBDC program has served over 11 
million clients with new business starts, sustainability programs for 
struggling firms, and expansion plans for growth firms. For every 
dollar spent on the SBDC program, approximately $2.87 in tax revenue is 
generated.
  According to a recent report conducted at Mississippi State 
University, as a direct result of its counseling programs, SBDC clients 
generated approximately $7 billion in sales and created over 73,000 new 
jobs in 2006. Therefore, it is imperative that in such troubling 
economic times we ensure that this program has the resources necessary 
to successfully aid small businesses. Through this legislation, which 
increases the SBDC program's authorization to $160 million by fiscal 
year 2012, this program will be in a better position to continue 
helping entrepreneurs succeed.
  The Women's Business Center, WBC, program, established by Congress in 
1988, promotes the growth of women-owned businesses through business 
training and technical assistance, and provides access to credit and 
capital, federal contracts, and international trade opportunities. The 
WBC program served more than 159,000 clients across the country last 
year, providing help with financial management, procurement training, 
marketing and technical assistance. WBCs also provide specialized 
programs that include mentoring in various languages, Internet 
training, issues facing displaced workers and rural home-based 
entrepreneurs.
  Our legislation builds on our commitment to providing assistance to 
women entrepreneurs. It directs the SBA's Office of Women's Business 
Ownership to develop programs to bolster the growth of women-owned 
small businesses by providing support for business operations, 
manufacturing, technology, finance, Federal Government contracting, and 
international trade.
  The bill also makes substantial improvements to the Women's Business 
Center program, which created nearly 9,000 jobs in the last fiscal 
year, including an expansion of the types of entities that are eligible 
to host WBCs to economic development organizations, state-chartered 
development organizations, and public or private colleges and 
universities. Finally, the bill directs the SBA to provide a minimum of 
$150,000 in funding annually to all new WBCs that are in their first 5 
years of operation, allowing new centers to become fully established 
before they have to compete for federal funding.
  The bill also reauthorizes SCORE, a non-profit association that 
matches business-management counselors with small business clients. 
SCORE volunteer counselors share their management and technical 
expertise with both existing and prospective small business owners. 
With its 10,500 member volunteer association, sponsored by the SBA, and 
more than 389 service delivery points and a website, SCORE provides 
counseling to small businesses nationwide. The national SCORE 
organization delivers its services of business and technical assistance 
through a national network of chapters, an Internet counseling site, 
partnerships with SBA, the SBDCs and WBCs, and with the public and 
private sectors. In 2008, SCORE created or retained 25,000 jobs, and 
this act will help improve this program by raising the authorization 
level to $13 million in fiscal year 2012.
  In addition to reauthorizing SBA's ED programs and increasing their 
funding levels, this bill also addresses the crisis small businesses 
face when it comes to securing quality, affordable health insurance. 
Health insurance costs have increased by 89 percent since 2000. This 
has led to a disturbing trend of fewer and fewer small businesses being 
able to offer health insurance to their employees.
  A key provision in this bill would establish a grant program to 
provide information, counseling, and educational materials to small 
businesses, through the well-established national framework of the 
SBA's technical assistance partners including SBDCs, WBC, Veteran's 
Business Centers, and SCORE.
  Research conducted by the non-partisan Healthcare Leadership Council 
found that with a short educational and counseling session, small 
businesses were up to 33 percent more likely to offer health insurance 
to their employees. It is therefore vital that we provide the SBA's 
resource partners with the resources necessary to give small businesses 
the critical health care education they need to navigate the complex 
insurance market.
  The SBA's entrepreneurial development programs provide tremendous 
value for a relatively small investment. I am committed to ensuring 
that Americans have the necessary resources to start, grow and develop 
a business. I believe that it is our duty to do everything possible to 
sustain prosperity and job creation throughout the U.S. I urge my 
colleagues to support this vital piece of legislation.
                                 ______
                                 
      By Mr. DODD:
  S. 1231. A bill to create or adopt, and implement, rigorous and 
voluntary American education content standards in mathematics and 
science covering kindergarten through grade 12, to provide for the 
assessment of student proficiency benchmarked against such standards, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. DODD. Mr. President, I rise today to introduce The Standards to 
Provide Educational Achievement for Kids, SPEAK, Act, a bill designed 
to provide incentives to states to begin holding every child in America 
to the same high standards. At its core, SPEAK will adopt and implement 
voluntary core American education content standards in math and science 
while incentivizing states to adopt them.
  America's leadership, economic, and national security rest on our 
commitment to educate and prepare our youth to succeed in a global 
economy. The key to succeeding in this endeavor is to have high 
expectations for all American students as they progress through our 
Nation's schools.
  Currently there are 50 different sets of academic standards, 50 State 
assessments, and 50 definitions of proficiency under the No Child Left 
Behind Act. As a result of varied standards, exams and proficiency 
levels, America's highly mobile student-aged population moves through 
the Nation's schools gaining widely varying levels of knowledge, skills 
and preparedness. Yet, in order for the U.S. to compete in a global 
economy, we must strengthen our educational expectations for all 
American children--we must compete as one Nation.
  Recent international comparisons show that American students have 
significant shortcomings in math and science. Many lack the basic 
skills required for college or the workplace. This affects our economic 
and national security; it holds us back in the global marketplace and 
risks ceding our competitive edge. This is unacceptable.
  America was founded on the notion of ensuring equity and opportunity 
for all. And yet, we risk both when we allow different students in 
different states to graduate from high school with very different 
educations. We live in a nation with an unacceptably high high school 
dropout rate. We live in a nation where 8th graders in some states 
score more than 30 points higher on tests of basic science knowledge 
than students in other states. I ask my colleagues today what equality 
of opportunity we have under such circumstances.

[[Page S6472]]

  This is where American standards come in. Voluntary, core American 
standards in math and science are an important step in ensuring that 
all American students are given the same opportunity to learn to a high 
standard no matter where they reside. They will allow for meaningful 
comparisons of student academic achievement across states, help ensure 
that American students are academically qualified to enter college or 
training for the civilian or military workforce, and help ensure that 
students are better prepared to compete in the global marketplace. 
Uniform standards are a first step in maintaining America's competitive 
and national security edge.
  While I understand that education is, after all, a state endeavor, we 
cannot ignore that at the end of the day America competes as one 
country on the global marketplace. This does not mean that I am asking 
states to cede their authority in education. What the bill simply 
proposes is that we use the convening power of the Federal Government 
to incentivize efforts to create a core set of common standards.
  I would like to take a moment to recognize the recent remarkable 
achievement of the National Governors Association and the Council of 
Chief State School Officers in partnership with Achieve, Inc, ACT, and 
the College Board. Just last week they announced that 49 States and 
territories have joined the Common Core State Standards Initiative and 
have committed to a process to develop common standards in English 
language arts and mathematics. They have made a commitment to evidence-
based and internationally benchmarked standards, which are scheduled to 
be developed later this year. This effort is outstanding. Just 2 years 
ago, when I introduced one of the first bills in the Senate on 
standards, this type of effort would have been unthinkable. Now, there 
is strong momentum behind providing all students across the country 
with competitive and consistent standards.
  The SPEAK Act, provides flexibility in the creation or adoption of 
American standards, understanding that there are effective efforts 
underway that could be integrated into the program of Federal 
incentives that this bill would provide.
  The SPEAK Act will task the National Assessment Governing Board with 
creating or adopting rigorous and voluntary core American education 
content standards in math and science for grades K-12. It will require 
that the standards be anchored in the National Assessment of 
Educational Progress' math and science frameworks. It will also ensure 
that such standards are internationally competitive and comparable to 
the best standards in the world, similar to the outline created for the 
standards being developed through the Common Core State Standards 
Initiative.
  States that do participate, while required to adopt the American 
standards, will be given the flexibility to make them their own. They 
will have the option to add additional content requirements, they will 
have final say in how coursework is sequenced, and, ultimately, States, 
and districts will still be the ones developing the curriculum, 
choosing the textbooks and administering the tests. The standards 
provided for under this legislation will simply serve as a common core.
  The SPEAK Act will develop rigorous achievement levels. It will 
ensure that varying developmental levels of students are taken into 
account in the development of such standards. It will provide for 
periodic review and update of such standards. It establishes an 
American Standards Incentive Fund to incentivize states to adopt the 
standards. Among the benefits of participating is a significant 
infusion of funds for states to bolster their K-12 data systems.
  No one will deny that our Nation is facing difficult economic times. 
However, there remains a steadfast commitment to improving education 
for our students, a commitment that includes working to develop 
voluntary American standards. I applaud states that realize that 
despite facing difficult budget realities, holding all students to the 
same, high standards will be what is best for the future of our nation. 
These States need and deserve incentives and resources to complete this 
important work.
  I should also note that the SPEAK Act has garnered endorsements from 
businesses, math/science organizations, foundations, and the education 
community. Through the leadership of Congressman Vernon Ehlers in the 
House of Representatives it shares not only bicameral, but bipartisan 
support. Together we have all come together to affect meaningful change 
in our public schools.
  We live in an economy where you can no longer lift, dig or assemble 
your way to success. Today, you have got to think your way to success 
so that when public education doesn't work, when we fail to compete as 
one nation, our entire country gets left behind. Low expectations 
translate to an America that is less competitive on the world stage. If 
that happens, we are going to wonder why we didn't do anything about it 
while we still had time.
  Core American standards will set high goals for all students, allow 
for meaningful comparisons of achievement across states, and help 
ensure that all of our students are qualified to enter college. At the 
end of the day, we all want what is best for our country and parents 
want what is best for their kids. With core standards, America will 
begin the work of regaining its competitive edge in the global economy. 
In the life of every student, equality will be made a little more real 
with reintroduction of this bill, as the skills and knowledge we expect 
of them are no longer made contingent on where they reside.
  I hope that my colleagues will join me in supporting the SPEAK Act. 
As we start holding our students to the same high standards, I expect 
that we will be amazed at the excellence that follows.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1231

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Standards 
     to Provide Educational Achievement for Kids Act'' or the 
     ``SPEAK Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Assessing science in the National Assessment of Educational 
              Progress.
Sec. 4. Definitions.
Sec. 5. Voluntary American education content standards; American 
              Standards Incentive Fund.
Sec. 6. Authorization of appropriations.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Throughout the years, educators and policymakers have 
     consistently embraced standards as the mechanism to ensure 
     that every student, no matter what school the student 
     attends, masters the skills and develops the knowledge needed 
     to participate in a global economy.
       (2) Recent international comparisons make clear that 
     students in the United States have significant shortcomings 
     in mathematics and science, yet a high level of scientific 
     and mathematics literacy is essential to societal innovations 
     and advancements.
       (3) With more than 50 different sets of academic content 
     standards, 50 State academic assessments, and 50 definitions 
     of proficiency under section 1111(b) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311(b)), there is 
     great variability in the measures, standards, and benchmarks 
     for academic achievement in mathematics and science.
       (4) Variation in State standards and the accompanying 
     measures of proficiency make it difficult for parents and 
     teachers to meaningfully gauge how well their children are 
     learning mathematics and science in comparison to their peers 
     internationally or here at home.
       (5) The disparity in the rigor of standards across States 
     yield test results that tell the public little about how 
     schools are performing and progressing, as States with low 
     standards or low proficiency requirements may appear to be 
     doing much better than States with more rigorous standards or 
     higher requirements for proficiency.
       (6) As a result, the United States' highly mobile student-
     aged population moves through the Nation's schools gaining 
     widely varying levels of knowledge, skills, and preparedness.
       (7) In order for the United States to compete in a global 
     economy, the country needs to strengthen its educational 
     expectations for all children.
       (8) To compete, the people of the United States must 
     compare themselves against international benchmarks.
       (9) Grounded in a real world analysis and international 
     comparisons of what students

[[Page S6473]]

     need to succeed in work and college, rigorous and voluntary 
     core American education content standards will keep the 
     United States economically competitive and ensure that the 
     children of the United States are given the same opportunity 
     to learn to a high standard no matter where they reside.
       (10) Rigorous and voluntary core American education content 
     standards in mathematics and science will enable students to 
     succeed in academic settings across States while ensuring an 
     American edge in the global marketplace.

     SEC. 3. ASSESSING SCIENCE IN THE NATIONAL ASSESSMENT OF 
                   EDUCATIONAL PROGRESS.

       (a) National Assessment of Educational Progress 
     Authorization Act.--Section 303 of the National Assessment of 
     Educational Progress Authorization Act (20 U.S.C. 9622) is 
     amended--
       (1) in subsection (a), by striking ``, State assessments,'' 
     and inserting ``and State assessments in reading, 
     mathematics, and science'';
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``science,'' after 
     ``mathematics,'';
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science'';
       (ii) in subparagraph (C), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science'';
       (iii) in subparagraph (D), by striking ``science,''; and
       (iv) in subparagraph (E), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science'';
       (C) in paragraph (3)--
       (i) in subparagraph (A), by striking ``reading and 
     mathematics'' each place the term occurs and inserting 
     ``reading, mathematics, and science''; and
       (ii) in subparagraph (C)(ii), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science''; and
       (D) in paragraph (4)(B), by striking ``, require, or 
     influence'' and inserting ``or require'';
       (3) in subsection (d)(3), by striking ``reading and 
     mathematics'' each place the term occurs and inserting 
     ``reading, mathematics, and science''; and
       (4) in subsection (f)(1)(B)(v), by striking ``and 
     mathematical knowledge'' and inserting ``, mathematical 
     knowledge, and science knowledge''.
       (b) Elementary and Secondary Education Act of 1965.--
     Subpart 1 of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is 
     amended--
       (1) in section 1111(c)(2) (20 U.S.C. 6311(c)(2))--
       (A) by inserting ``(and, for science, beginning with the 
     2010-2011 school year)'' after ``2002-2003''; and
       (B) by striking ``reading and mathematics'' and inserting 
     ``reading, mathematics, and science''; and
       (2) in section 1112(b)(1)(F) (20 U.S.C. 6312(b)(1)(F)), by 
     striking ``reading and mathematics'' and inserting ``reading, 
     mathematics, and science''.

     SEC. 4. DEFINITIONS.

       Section 304 of the National Assessment of Educational 
     Progress Authorization Act (20 U.S.C. 9623) is amended--
       (1) in the matter preceding paragraph (1), by striking ``In 
     this title:'' and inserting ``Except as otherwise provided, 
     in this title:'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of Education.''.

     SEC. 5. VOLUNTARY AMERICAN EDUCATION CONTENT STANDARDS; 
                   AMERICAN STANDARDS INCENTIVE FUND.

       The National Assessment of Educational Progress 
     Authorization Act (20 U.S.C. 9621 et seq.) is amended--
       (1) by redesignating sections 304 (as amended by section 4) 
     and 305 as sections 306 and 307, respectively; and
       (2) by inserting after section 303 the following:

     ``SEC. 304. CREATION OR ADOPTION OF VOLUNTARY AMERICAN 
                   EDUCATION CONTENT STANDARDS.

       ``(a) In General.--Not later than 3 years after the date of 
     enactment of the Standards to Provide Educational Achievement 
     for Kids Act and from amounts appropriated under section 
     307(a)(3) for a fiscal year, the Assessment Board shall 
     create or adopt voluntary American education content 
     standards in mathematics and science covering kindergarten 
     through grade 12.
       ``(b) Duties.--The Assessment Board shall implement 
     subsection (a) by carrying out the following duties:
       ``(1) Create or adopt voluntary American education content 
     standards for mathematics and science covering kindergarten 
     through grade 12 that reflect a common core of what students 
     in the United States should know and be able to do to compete 
     in a global economy.
       ``(2) Anchor the voluntary American education content 
     standards based on the mathematics and science frameworks and 
     the achievement levels under section 303(e) of the National 
     Assessment of Educational Progress for grades 4, 8, and 12.
       ``(3) Ensure that the voluntary American education content 
     standards reflect international standards of excellence and 
     the latest developments in the fields of mathematics and 
     science.
       ``(4) Review existing standards in mathematics and science 
     developed by professional organizations.
       ``(5) Review State standards in mathematics and science as 
     of the date of enactment of the Standards to Provide 
     Educational Achievement for Kids Act and consult and work 
     with entities that are developing, or have already developed, 
     such State standards.
       ``(6) Review the reports, views, and analyses of a broad 
     spectrum of experts, including classroom educators, and of 
     the public, as such reports, views, and analyses relate to 
     mathematics and science education, including--
       ``(A) reviews of blue ribbon reports;
       ``(B) exemplary practices in the field; and
       ``(C) recent reports by government agencies and 
     professional organizations.
       ``(7) Review scientifically rigorous studies that examine 
     the relationship between--
       ``(A) the sequences of secondary school-level mathematics 
     and science courses; and
       ``(B) student achievement.
       ``(8) Ensure that steps are taken in the development of the 
     voluntary American education content standards to recognize 
     the needs of students who receive special education and 
     related services under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.) and of students who 
     are limited English proficient (as defined in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)).
       ``(9) Solicit input from State and local representative 
     organizations, mathematics and science organizations 
     (including mathematics and science teacher organizations), 
     institutions of higher education, higher education 
     organizations, business organizations, and other appropriate 
     organizations.
       ``(10) Ensure that the voluntary American education content 
     standards reflect what students will be required to know and 
     be able to do after secondary school graduation to be 
     academically qualified to enter an institution of higher 
     education or training for the civilian or military workforce.
       ``(11) Widely disseminate the voluntary American education 
     content standards for public review and comment before final 
     adoption.
       ``(12) Provide for continuing review of the voluntary 
     American education content standards not less often than once 
     every 10 years, which review--
       ``(A) shall solicit input from organizations and entities, 
     including--
       ``(i) 1 or more professional mathematics or science 
     organizations, including mathematics or science educator 
     organizations;
       ``(ii) the State educational agencies that have received 
     American Standards Incentive Fund grants under section 305 
     during the period covered by the review; and
       ``(iii) other organizations and entities, as determined 
     appropriate by the Assessment Board; and
       ``(B) shall address issues including--
       ``(i) whether the voluntary American education content 
     standards continue to reflect international standards of 
     excellence and the latest developments in the fields of 
     mathematics and science; and
       ``(ii) whether the voluntary American education content 
     standards continue to reflect what students are required to 
     know and be able to do in science and mathematics after 
     graduation from secondary school to be academically qualified 
     to enter an institution of higher education or training for 
     the civilian or military workforce, as of the date of the 
     review.

     ``SEC. 305. THE AMERICAN STANDARDS INCENTIVE FUND.

       ``(a) Definitions.--In this section:
       ``(1) In general.--The terms `elementary school', `local 
     educational agency', `professional development', `secondary 
     school', `State', and `State educational agency' have the 
     meanings given the terms in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(2) Academic content standards.--The term `academic 
     content standards' means the challenging academic content 
     standards described in section 1111(b)(1) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)).
       ``(3) Levels of achievement.--The term `levels of 
     achievement' means the State levels of achievement under 
     subclauses (II) and (III) of section 1111(b)(1)(D)(ii) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(1)(D)(ii)(II), (III)).
       ``(4) State academic assessments.--The term `State academic 
     assessments' means the academic assessments for a State 
     described in section 1111(b)(3) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)).
       ``(b) Establishment of Fund.--From amounts appropriated 
     under section 307(a)(4) for a fiscal year, the Secretary 
     shall establish and fund the American Standards Incentive 
     Fund to carry out the grant program under subsection (c).
       ``(c) Incentive Grant Program Authorized.--
       ``(1) In general.--Not later than 12 months after the 
     Assessment Board adopts the voluntary American education 
     content standards under section 304, the Secretary shall use 
     amounts available from the American Standards Incentive Fund 
     to award, on a competitive basis, grants to State educational 
     agencies to enable each State educational agency to adopt the 
     voluntary American education content standards in

[[Page S6474]]

     mathematics and science as the core of the State's academic 
     content standards in mathematics and science by carrying out 
     the activities described in subsection (f).
       ``(2) Duration and amount.--A grant under this subsection 
     shall be awarded--
       ``(A) for a period of not more than 4 years; and
       ``(B) in an amount that is not more than $4,000,000 over 
     the period of the grant.
       ``(3) SEA collaboration permitted.--A State educational 
     agency receiving a grant under this subsection may 
     collaborate with another State educational agency receiving a 
     grant under this subsection in carrying out the activities 
     described in subsection (f).
       ``(d) Core Standards.--A State educational agency receiving 
     a grant under subsection (c) shall adopt and use the 
     voluntary American education content standards in mathematics 
     and science as the core of the State academic content 
     standards in mathematics and science. The State educational 
     agency may add additional standards to the voluntary American 
     education content standards as part of the State academic 
     content standards in mathematics and science.
       ``(e) State Application.--A State educational agency 
     desiring to receive a grant under subsection (c) shall submit 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require. 
     The application shall include--
       ``(1) timelines for carrying out each of the activities 
     described in subsection (f)(1); and
       ``(2) a description of the activities that the State 
     educational agency will undertake to implement the voluntary 
     American education content standards in mathematics and 
     science adopted under section 304, and the achievement levels 
     in mathematics and science developed under section 303(e) for 
     the national and State assessments of the National Assessment 
     of Educational Progress, at both the State educational agency 
     and local educational agency levels, including any additional 
     activities described in subsection (f)(2).
       ``(f) Use of Funds.--
       ``(1) Mandatory activities.--A State educational agency 
     receiving a grant under subsection (c) shall use grant funds 
     to carry out all of the following:
       ``(A) Adopt the voluntary American education content 
     standards in mathematics and science as the core of the 
     State's academic content standards in mathematics and science 
     not later than 2 years after the receipt of a grant under 
     subsection (c).
       ``(B) Align the teacher certification or licensure, pre-
     service, and professional development requirements of the 
     State to the voluntary American education content standards 
     in mathematics and science not later than 3 years after the 
     receipt of the grant.
       ``(C) Align the State academic assessments in mathematics 
     and science (or develop new such State academic assessments 
     that are aligned) with the voluntary American education 
     content standards in mathematics and science not later than 4 
     years after the receipt of the grant.
       ``(D) Align the State levels of achievement in mathematics 
     and science with the student achievement levels in 
     mathematics and science developed under section 303(e) for 
     the national and State assessments of the National Assessment 
     of Educational Progress not later than 4 years after the 
     receipt of the grant.
       ``(E) Develop dissemination, technical assistance, and 
     professional development activities for the purpose of 
     educating local educational agencies and schools on what the 
     standards adopted by the State educational agency under this 
     section are and how the standards can be incorporated into 
     classroom instruction.
       ``(2) Permissive activities.--A State educational agency 
     receiving a grant under subsection (c) may use the grant 
     funds to carry out, at the local educational agency or State 
     educational agency level, any of the following activities:
       ``(A) Developing curricula and instructional materials in 
     mathematics or science that are aligned with the voluntary 
     American education content standards in mathematics and 
     science.
       ``(B) Conducting other activities needed for the 
     implementation of the voluntary American education content 
     standards in mathematics and science.
       ``(3) Priority.--In awarding grants under subsection (c), 
     the Secretary shall give priority to a State educational 
     agency that will use the grant funds to carry out 
     subparagraph (A) of paragraph (2).
       ``(g) Award Basis.--In determining the amount of a grant 
     under subsection (c), the Secretary shall take into 
     consideration--
       ``(1) the extent to which a State's academic content 
     standards, State academic assessments, levels of achievement 
     in mathematics and science, and teacher certification or 
     licensure, pre-service, and professional development 
     requirements, must be revised to align such State standards, 
     assessments, levels, and teacher requirements with the 
     voluntary American education content standards created or 
     adopted under section 304 and the achievement levels in 
     mathematics and science developed under section 303(e); and
       ``(2) the planned activities described in the application 
     submitted under subsection (e).
       ``(h) Annual State Educational Agency Reports.--A State 
     educational agency receiving a grant under subsection (c) 
     shall submit an annual report to the Secretary demonstrating 
     the State educational agency's progress in meeting the 
     timelines described in the application under subsection 
     (e)(1).
       ``(i) Grants for DoD and BIA Schools.--
       ``(1) Department of defense schools.--From amounts 
     available from the American Standards Incentive Fund, the 
     Secretary, upon application by the Secretary of Defense, may 
     award grants under subsection (c) to the Secretary of Defense 
     on behalf of elementary schools and secondary schools 
     operated by the Department of Defense to enable the Secretary 
     of Defense to carry out activities similar to the activities 
     described in subsection (f) for the elementary schools and 
     secondary schools operated by the Department of Defense.
       ``(2) Bureau of indian affairs schools.--From amounts 
     available from the American Standards Incentive Fund, the 
     Secretary, in consultation with the Secretary of the 
     Interior, may award grants under subsection (c) to the Bureau 
     of Indian Affairs on behalf of elementary schools and 
     secondary schools operated or funded by the Department of the 
     Interior to enable the Director of the Bureau of Indian 
     Affairs to carry out activities similar to the activities 
     described in subsection (f) for the elementary schools and 
     secondary schools operated or funded by the Department of the 
     Interior.
       ``(j) Study.--Not later than 2 years after the completion 
     of the first 4-year grant cycle for grants under this 
     section, the Commissioner for Education Statistics shall 
     carry out a study comparing the gap between the reported 
     proficiency on State academic assessments and assessments 
     under section 303 for State educational agencies receiving 
     grants under subsection (c), before and after the State 
     adopts the voluntary American education content standards in 
     mathematics and science as the core of the State education 
     content standards in mathematics and science. The study 
     shall--
       ``(1) include an analysis of, for each State receiving a 
     grant under subsection (c) and for the United States, the 
     gaps in reported proficiency in mathematics and in science 
     before and after the adoption of the voluntary American 
     education content standards, for each grade of students 
     subject to the assessments under section 303; and
       ``(2) further disaggregate the information described in 
     paragraph (1) by the race, ethnicity, gender, disability 
     status, migrant status, English proficiency, and economically 
     disadvantaged status of the students, except that such 
     disaggregation shall not be required in a case in which the 
     number of students in a category is insufficient to yield 
     statistically reliable information or the results would 
     reveal personally identifiable information about an 
     individual student.
       ``(k) Data Grants.--
       ``(1) Program authorized.--
       ``(A) In general.--From amounts appropriated under section 
     307(a)(4), the Secretary shall award, to each State 
     educational agency that meets the requirements of paragraph 
     (3), a grant to enhance statewide student level longitudinal 
     data systems as those systems relate to the requirements of 
     part A of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311 et seq.).
       ``(B) Data audit system.--The State, through the 
     implementation of such enhanced data system, shall--
       ``(i) ensure that the State has in place a State data audit 
     system to assess data quality, validity, and reliability; and
       ``(ii) provide guidance, technical assistance, and 
     professional development to local educational agencies to 
     ensure local education officials and educators have the 
     tools, knowledge, and protocol necessary to use the enhanced 
     data system properly, ensure the integrity of the data, and 
     be able to use the data to inform education policy and 
     practice.
       ``(2) Amount of grant.--A grant awarded to a State 
     educational agency under this subsection shall be in an 
     amount equal to 5 percent of the amount allocated to the 
     State under section 1122 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6332). If the amounts 
     available from the American Standards Incentive Fund are 
     insufficient to pay the full amounts of grants under this 
     paragraph to all State educational agencies that receive a 
     grant under this subsection, then the Secretary shall ratably 
     reduce the amount of all grants under this subsection.
       ``(3) Requirements.--In order to receive a grant under this 
     subsection, a State educational agency shall--
       ``(A) have received a grant under subsection (c); and
       ``(B) successfully demonstrate to the Secretary that the 
     State has aligned--
       ``(i) the State's academic content standards and State 
     academic assessments in mathematics and science, and the 
     State's teacher certification or licensure, pre-service, and 
     professional development requirements, with the voluntary 
     American education content standards in mathematics and 
     science; and
       ``(ii) the State levels of achievement in mathematics and 
     science for grades 4, 8, and 12, with the achievement levels 
     in mathematics and science developed under section 303(e) for 
     such grades.
       ``(4) Nature of grant.--A grant under this subsection to a 
     State educational agency shall be in addition to any grant 
     awarded to the State educational agency under subsection (c).

[[Page S6475]]

       ``(5) Limit on number of grants.--In no case shall a State 
     educational agency receive more than 1 grant under this 
     subsection.
       ``(l) Reports to Congress.--Not later than 2 years after 
     the date of enactment of the Standards to Provide Educational 
     Achievement for Kids Act, and every 2 years thereafter, the 
     Secretary shall report to Congress regarding the status of 
     all grants awarded under this section.
       ``(m) Rule of Construction.--Nothing in this section shall 
     be construed to establish a preferred national curriculum or 
     preferred teaching methodology for elementary school or 
     secondary school instruction.
       ``(n) Timeline Extension.--The Secretary may extend the 12-
     year requirement under section 1111(b)(2)(F) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(F)) by not less than 2 years and by not more than 
     4 years for a State served by a State educational agency that 
     receives grants under subsections (c) and (k).''.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       Section 307(a) of the National Assessment of Educational 
     Progress Authorization Act (as redesignated by section 5(1)) 
     (20 U.S.C. 9624(a)) is amended to read as follows:
       ``(a) In General.--There are authorized to be 
     appropriated--
       ``(1) to carry out section 302, $8,750,000 for fiscal year 
     2010 and such sums as may be necessary for each succeeding 
     fiscal year;
       ``(2) to carry out section 303, $200,000,000 for fiscal 
     year 2010 and such sums as may be necessary for each 
     succeeding fiscal year;
       ``(3) to carry out section 304, $3,000,000 for fiscal year 
     2010 and such sums as may be necessary for each succeeding 
     fiscal year; and
       ``(4) to carry out section 305, $400,000,000 for fiscal 
     year 2010 and such sums as may be necessary for each 
     succeeding fiscal year.''.

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