[Congressional Record Volume 158, Number 112 (Wednesday, July 25, 2012)]
[Senate]
[Pages S5383-S5401]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. WHITEHOUSE (for himself and Mr. Hatch):
  S. 3431. A bill to amend the Controlled Substances Act to more 
effectively regulate anabolic steroids; to the Committee on the 
Judiciary.
  Mr. WHITEHOUSE. Mr. President, today I am pleased to join Senator 
Hatch in introducing the bipartisan Designer Anabolic Steroid Control 
Act of 2012. This measure will help keep American children and families 
safe from dangerous designer drugs that masquerade as healthy dietary 
supplements. This legislation is based on Senator Specter's work in the 
previous Congress, and I thank him for his leadership on this issue.
  Doctors and scientists have long recognized the health hazards of 
non-medical use of anabolic steroids. For that reason, Congress has 
previously acted to ensure that these drugs are listed as controlled 
substances. Nonetheless, according to investigative reporting and 
Congressional testimony, a loophole in current law allows for designer 
anabolic steroids to easily be found on the Internet, in gyms, and even 
in retail stores.
  Designer steroids are produced by reverse engineering existing 
illegal steroids and then slightly modifying the chemical composition, 
so that the resulting product is not on the Drug Enforcement 
Administration's, DEA, list of controlled substances. When taken by 
consumers, designer steroids can cause serious medical consequences, 
including liver injury and increased risk of heart attack and stroke. 
They may also lead to psychological effects such as aggression, 
hostility, and addiction.
  These designer products can be even more dangerous than traditional 
steroids because they are often untested, produced from overseas raw 
materials, and manufactured without quality controls. As one witness 
testified at a Crime Subcommittee hearing in the last Congress, ``all 
it takes to cash in on the storefront steroid craze is a credit card to 
import raw products from China or India where most of the raw 
ingredients come from, the ability to pour powders into a bottle or 
pill and a printer to create shiny, glossy labels.''
  The unscrupulous actors responsible for manufacturing and selling 
these products often market them with misleading and inaccurate labels. 
That can cause consumers who are looking for a healthy supplement--not 
just elite athletes, but also high school students, law enforcement 
personnel, and mainstream Americans--to be deceived into taking these 
dangerous products.
  Loopholes in existing law allow these dangerous designer steroids to 
evade regulation. Under current law, in order to classify new 
substances as steroids, the DEA must complete a burdensome and time-
consuming series of chemical and pharmacological testing. As a DEA 
official testified before Congress: ``in the time that it takes DEA to 
administratively schedule an anabolic steroid used in a dietary 
supplement product, several new products can enter the market to take 
the place of those products.''
  The Designer Anabolic Steroid Control Act of 2012 would quickly 
protect consumers from these dangerous products. First, it would 
immediately place 27 known designer anabolic steroids on the list of 
controlled substances. Second, it would grant the DEA authority to 
temporarily schedule new designer steroids on the controlled substances 
list, so that if bad actors develop new variations, these products can 
be removed from the market. Third, it would create new penalties for 
importing, manufacturing, or distributing anabolic steroid's under 
false labels.
  Senator Hatch and I have worked closely with a range of consumer and 
industry organizations to ensure that this legislation would not 
interfere with consumers' access to legitimate dietary supplements. I 
am pleased that the measure has been endorsed by the United States 
Anti-Doping Agency, the Alliance for Natural Health, the Council for 
Responsible Nutrition, the American Herbal Products Association, the 
Natural Products Association, the Consumer Health Products Association, 
and the United Natural Products Alliance.
  I thank these organizations for their support, and look forward to 
working with them, with Senator Hatch, and with colleagues from both 
sides of the aisle to enact this common sense measure into law.
  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:

                                          American Herbal Products


                                                  Association,

                                 Silver Spring, MD, July 23, 2012.
     Hon. Orrin Hatch,
     U.S. Senate,
     Washington, DC.
     Hon. Sheldon Whitehouse,
     U.S. Senate,
     Washington, DC.
       Dear Senators Hatch and Whitehouse, This letter is to 
     communicate to you the support of the American Herbal 
     Products Association (AHPA) for your pending legislation, the 
     Designer Anabolic Steroid Control Act of 2012. AHPA 
     recognizes the need to more effectively regulate anabolic 
     steroids, as this bill's amendment of the Controlled 
     Substances Act would do. The expanded controls on these 
     substances that would be implemented by your legislation 
     would protect consumers by better ensuring that these are not 
     misrepresented as legitimate dietary supplements, when 
     clearly they are not.
       Please do not hesitate to contact me if there is anything 
     that AHPA and its members can do to assist in the passage of 
     this important legislation.
           Sincerely,
                                                 Michael McGuffin,
     President.
                                  ____



                                 Natural Products Association,

                                    Washington, DC, July 23, 2012.
     Hon. Orrin Hatch,
     U.S. Senate,
     Washington, DC.
       Senator Hatch, I write today on behalf of the Natural 
     Products Association (NPA) to thank you for introducing the 
     Designer Anabolic Steroid Control Act of 2012 (DASCA). As the 
     leading representative of the dietary supplement industry 
     with over 1,900 members, including suppliers and retailers of 
     vitamins and other dietary supplements, NPA works to ensure 
     that consumers have access to safe dietary supplements. We 
     believe that this bill will make the marketplace safer.
       Our support for this legislation demonstrates NPA's 
     commitment to removing anabolic steroids, which are not 
     dietary ingredients, from the market. NPA has worked in 
     conjunction with the FDA to bring attention to spiked 
     products masquerading as dietary supplements. This bill helps 
     protect consumers who believe they are purchasing ``legal'' 
     supplements but may suffer health effects from steroid use.
       Even with the passage of the Anabolic Steroid Control Act 
     of 2004, the Drug Enforcement Administration (DEA) has 
     removed very few substances. The DEA has to follow a strict 
     set of testing standards to schedule a substance and remove 
     it from the market. This process can take up to three years 
     to complete; but while this process is taking place, the 
     products remain on the market. This bill gives the DEA the 
     power to temporarily remove products from the market while 
     testing is completed, giving them the ability to stay ahead 
     of the individuals who are creating these designer drugs.
       Thank you for introducing this important legislation and 
     your tireless work on behalf of the dietary supplement 
     industry.
           Regards,
                                                        John Shaw,
                                   NPA Executive Director and CEO.

[[Page S5384]]

     
                                  ____
                            Council for Responsible Nutrition,

                                                    July 20, 2012.
     Re Designer Anabolic Steroid Control Act (DASCA).
     Hon. Orrin Hatch,
     U.S. Senate,
     Washington, DC.
     Hon. Sheldon Whitehouse,
     U.S. Senate,
     Washington, DC.
       Dear Senators Hatch and Whitehouse: On behalf of the 
     Council for Responsible Nutrition (CRN) \1\ and its members, 
     I am writing to express our support for the Designer Anabolic 
     Steroid Control Act (DASCA). We want to thank you both for 
     your commitment to providing the Drug Enforcement 
     Administration (DEA) with new authority to place designer 
     anabolic steroids on the Controlled Substance Schedules more 
     expeditiously and providing that agency with new tools to 
     quickly respond when new anabolic substances are introduced. 
     This legislation will provide DEA with new enforcement tools 
     to prosecute irresponsible and disreputable companies that 
     develop and market anabolic steroids as products labeled as 
     dietary supplements. Your efforts in this regard are 
     laudable, and CRN stands in support of your legislation.
       Misbranded products that contain designer anabolic steroids 
     present serious health risks to consumers, particularly young 
     men who are unaware of the dangers of anabolic steroid use. 
     Maintaining the trust of consumers in the safety and benefit 
     of dietary supplements is essential to preserving a vibrant 
     market for legitimate dietary supplements. Currently, 
     unscrupulous companies can design these illicit substances 
     and illegally introduce them into the dietary supplement 
     marketplace before DEA can demonstrate their anabolic effects 
     and declare them controlled substances under the present law. 
     We believe DASCA's provisions will go a long way to help DEA 
     more quickly identify and restrict new designer anabolic 
     steroids by declaring them to be ``controlled substances.'' 
     It will allow DEA to target substances whose chemical 
     structures mimic other anabolic steroids and whose 
     manufacturers and marketers promote their anabolic or muscle-
     building effects. This legislation will assuage concerns of 
     Americans who use sports supplements, and foster an even 
     greater working relationship between FDA, DEA and 
     responsible, mainstream industry. DASCA is strong step 
     forward, adding teeth to prevention and enforcement efforts 
     in the battle against steroid abuse.
       CRN understands that you intend to request this legislation 
     be referred to the Senate Judiciary Committee, whose 
     jurisdiction traditionally handles DEA and controlled 
     substance issues. We hope the committee will give the 
     legislation expedient and thoughtful consideration on its way 
     to passage by the full Senate, and are eager to work with 
     your office to ensure that the Judiciary Committee 
     understands the concerns of industry and consumers that have 
     led to this bill. CRN stands ready to work with you and all 
     of Congress to deliver a strong bill to the President.
       Please don't hesitate to contact me or Mike Greene on my 
     staff at 202-204-7690 or [email protected] if CRN may be of 
     any assistance in your endeavors.
           Best regards,
                                                     Steve Mister,
     President and CEO.
                                  ____



                             United Natural Products Alliance,

                                Salt Lake city, UT, July 23, 2012.
     Hon. Sheldon Whitehouse,
     Hon. Orrin Hatch,
     U.S. Senate,
     Washington, DC.
       Dear Senators Whitehouse and Hatch: Thank you for your 
     considerable efforts to draft the ``Designer Anabolic Steroid 
     Control Act of 2012'' and to close loopholes that might allow 
     continued sale of anabolic steroids, steroid lookalikes or 
     steroid precursors--all of which are a significant threat to 
     public health. We greatly commend your work.
       The United Natural Products Alliance has appreciated the 
     opportunity to work with you in developing this bill. As you 
     know, sale of the products it would address are a significant 
     concern to our members who believe, quite simply, these 
     products should be outlawed.
       We have reviewed your most recent legislation and wanted to 
     advise you we are completely in support of the goals of this 
     legislation. We do have minor drafting concerns, which have 
     been shared with your staff, and we appreciate their 
     commitment to address these issues as the legislation moves 
     forward.
       Thank you again for your work on this important issue.
           Kind regards,
                                                  Loren Israelsen,
     Executive Director.
                                  ____

                                              Consumers Healthcare


                                         Products Association,

                                    Washington, DC, July 23, 2012.
     Hon. Sheldon Whitehouse,
     Senate Committee on the Judiciary,
     Washington, DC.
     Hon. Orrin Hatch,
     Senate Committee on the Judiciary,
     Washington, DC.
       Dear Senators Whitehouse and Hatch: On behalf of the more 
     than 200 members of the Consumer Healthcare Products 
     Association, the 131-year-old trade association representing 
     the leading U.S. manufacturers and distributors of over-the-
     counter (OTC) medicines and dietary supplements, thank you 
     for sponsoring the Designer Anabolic Steroid Control Act 
     (DASCA).
       This important legislation would designate additional 
     chemicals as anabolic steroids, and increase the penalties 
     for violators of anabolic steroid labeling laws, specifically 
     those rogue supplement manufacturers that ``spike'' their 
     products with anabolic steroids and attempt to pass them off 
     as dietary supplements. We applaud introduction of this 
     legislation to further protect the public health of our 
     citizens, and pledge to work closely with you and your staff 
     to advance this bill.
       Please do not hesitate to call on us if you need any 
     assistance, and thank you, again, for your leadership on this 
     important issue.
       Sincerely,
                                                Scott M. Melville,
     President and CEO.
                                  ____



                              Alliance for Natural Health USA,

                                    Washington, DC, July 23, 2012.
     Hon. Orrin Hatch,
     United States Senate,
     Washington, DC.
       Dear Senator Hatch: The Alliance for Natural Health USA 
     strongly supports the Designer Anabolic Steroid Control Act 
     (DASCA) of 2012. Not only are anabolic steroids masquerading 
     as nutritional supplements illegal, they also risk the health 
     of those who use them, and tarnish the reputation of the 
     dietary supplement industry. The harm from these steroid-
     tainted supplements is real. Health risks include serious 
     liver injury, stroke, kidney failure, and pulmonary embolism.
       It is clear that the complex and cumbersome regulatory 
     system has failed to stop designer anabolic steroids. We 
     understand that your bill closes the loopholes in laws that 
     currently allow the creation and easy distribution of 
     anabolic steroids masquerading as dietary supplements.
       We are thankful for the opportunity to discuss the bill 
     with your staff, and support its passage.
           Sincerely,
                                                  Gretchen DuBeau,
     Executive and Legal Director.
                                  ____



                             United States Anti-Doping Agency,

                              Colorado Springs, CO, July 23, 2012.
     Senator Orrin G. Hatch,
     Hart Senate Office Building,
     Washington, DC.
     Senator Sheldon Whitehouse,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Hatch and Senator Whitehouse: On behalf of the 
     United States Anti-Doping Agency (``USADA''), I am writing to 
     express our full support for the Designer Anabolic Control 
     Steroid Act of 2012. As the Congressionally recognized 
     independent anti-doping agency for the U.S. Olympic, 
     Paralympic and Pan American movement, USADA represents 
     literally millions of participants including athletes, 
     coaches and sports organizers who want to ensure sport in 
     this country continues to be a teacher of life lessons for 
     participants at all ages, is safe and drug free and that 
     clean athletes can compete and win without having to resort 
     to using dangerous performance enhancing drugs.
       As we have seen over the last few years the current law 
     regulating dietary supplements has been exploited by rogue 
     manufacturers who have produced and sold products 
     masquerading as otherwise safe and legitimate dietary 
     supplements that are not but are in fact illegal products 
     containing steroids and other prohibited performance 
     enhancing drugs. This legislation is important to USADA and 
     our mission in order to close this loophole and ensure these 
     fly-by-night operations cannot easily and without risk 
     continue to produce these products.
       We greatly appreciate your efforts in drafting and 
     introducing the Designer Anabolic Steroid Control Act of 2012 
     and look forward to assisting you in any way possible to 
     achieve its passage into law at the earliest opportunity.
           Sincerely,
                                                 Travis T. Tygart,
                                          Chief Executive Officer.

  Mr. HATCH. Mr. President, I am pleased to cosponsor the Designer 
Anabolic Steroid Control Act of 2012, DASCA, introduced by Senator 
Whitehouse. The use of anabolic steroids or dietary supplements that 
contain designer steroids may trigger numerous adverse health effects, 
and thus Congress has passed legislation over the years to address 
these chemicals.
  The Drug Enforcement Agency, DEA, continues to investigate and 
uncover dietary supplement products that contain either controlled 
anabolic steroids or designer steroids that are structurally similar to 
testosterone. In the tin that it takes the DEA to administratively 
schedule an anabolic steroid used in a dietary supplement product, 
several new products can enter the market to take its place. Certain 
individuals have taken advantage of this

[[Page S5385]]

lengthy DEA administrative process by continuing to create and market 
new derivative products by substituting and altering the testosterone 
molecule and then marketing them as ``dietary supplements.'' Very 
often, these new formulations have not been adequately tested.
  I worked in the previous Congress on legislation to address this 
issue and continued that work with Senator Whitehouse to develop a bill 
that would amend the Controlled Substances Act to expand the list of 
substances defined as anabolic steroids, and authorize the Attorney 
General to issue a temporary order adding a drug or substance to the 
list of anabolic steroids. The bill would also create new criminal and 
civil penalties for importing, manufacturing, or selling any product 
containing an anabolic steroid unless it bears a label clearly 
identifying the chemicals contained in the product.
  This bill is supported by American Herbal Products Association, AHPA, 
Natural Products Association, NPA, Council for Responsible Nutrition, 
CRN, United Natural Products Alliance, UNPA, Consumer Healthcare 
Products Association, CHPA, Alliance for Natural Health, ANH, and the 
U.S. Anti-Doping Agency, USADA.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Warner):
  S. 3433. A bill to require a radio spectrum inventory of bands 
managed by the Federal Communications Commission and the National 
Telecommunications & Information Administration; to the Committee on 
Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today, along with Senator Warner, to 
reintroduce the Radio Spectrum Inventory Act. Simply put, in order to 
make more spectrum available to meet the growing demand for wireless 
broadband and other radio-based services, decision makers at the FCC, 
NTIA, and Congress must have a clear, detailed, up-to-date 
understanding of how spectrum is currently being used and by whom--data 
essential to sound policy decisions.
  Specifically, the Radio Spectrum Inventory Act directs the National 
Telecommunications and Information Administration, NTIA, the Federal 
Communications Commission, FCC, with assistance from the Office of 
Science and Technology, to create a comprehensive and accurate 
inventory of each spectrum band, at a minimum, between 300 Megahertz to 
6.5 Gigahertz. The information collected would include the licenses 
assigned in that band, number and type of end-user devices deployed, 
amount of deployed infrastructure, type of missions and activities 
supported in the band, as well as any relevant unlicensed end user 
devices operating in the band. This information is fundamental to 
constructing a comprehensive framework for spectrum policy.
  The Radio Spectrum Inventory Act also provides more transparency 
related to spectrum use by creating a centralized website or portal 
that would include relevant spectrum and license information accessible 
by the public. Given that radio spectrum is a public good, we are 
obligated to provide the public more clarity and accountability on how 
it is being utilized by both Federal and non-Federal licensees. But let 
me be clear, given the sensitive nature of some spectrum assignments 
and allocations, this bill makes the appropriate disclosure exceptions 
for spectrum utilized or reserved for national security and public 
safety activities.
  A comprehensive inventory is a critical step in reforming our 
spectrum policy and management. The FCC manages over 2 million active 
licenses and NTIA administers more than 450,000 frequency assignments. 
And while I appreciate the FCC's effort in conducting a ``baseline'' 
inventory and NTIA's evaluation--both the fast track and ten year 
plan--I do not believe they are sufficient substitutes to conducting a 
full inventory since those efforts were limited in scope and seemingly 
didn't capture or make available more detailed data on spectrum use.
  In addition, there has been a growing call for a comprehensive 
spectrum inventory from Members of Congress, former FCC officials, and 
industry--even the House Energy & Commerce Committee bipartisan Federal 
Spectrum Working Group requested what amounts to a complete inventory 
of Federal frequency assignments between 300 MHz and 3 GHz. But if we 
are to examine Federal use, we must also look at non-Federal use in 
order to gain a truly comprehensive picture and understanding of the 
heterogeneous spectrum ecosystem.
  The ultimate goals this legislation sets the path towards achieving 
are to implement more efficient use of spectrum and to locate 
additional spectrum to meet the future demands of all spectrum users--
commercial, Federal, and military. A comprehensive inventory would 
yield a significant amount more of data that would be extremely useful 
for conducting measurements, implementing more robust management, and 
developing greater strategic planning of spectrum resources.
  With the enactment of P.L. 112-96 earlier this year, Congress took a 
notable but incremental step in an effort to free up additional 
spectrum to meet the growing demand of wireless broadband. As I have 
stated before, I believe more can and must be done to meet the future 
needs of all spectrum users and properly address existing spectrum 
challenges. This includes a comprehensive spectrum inventory, more 
strategic and longterm planning of spectrum resources, and greater 
collaboration between the FCC and NTIA. In addition, we must also 
continually promote more investment in infrastructure and foster 
greater technical innovation. That is why I sincerely hope that my 
colleagues join Senator Warner and me in supporting this critical 
legislation and continuing our focus on implementing spectrum reform.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Warner):
  S. 3439. A bill to amend title 40, United States Code, to direct the 
Administrator of General Services to install Wi-Fi hotspots and 
wireless neutral host systems in all Federal buildings in order to 
improve in-building wireless communications coverage and commercial 
network capacity by offloading wireless traffic onto wireline broadband 
networks; to the Committee on Environment and Public Works.
  Ms. SNOWE. Mr. President, I rise today, along with Senator Warner, to 
reintroduce pro-consumer wireless legislation, which will improve 
wireless coverage indoors. Specifically, the Federal Wi-Net Act would 
require the installation of small wireless base stations, such as 
femtocells or similar technologies, and Wi-Fi hot-spots in all publicly 
accessible Federal buildings to improve wireless coverage and network 
capacity.
  Over the past several years, there has been growing concern about a 
looming spectrum crisis given the significant growth in the wireless 
industry. Currently, there are more than 331 million wireless 
subscribers in the U.S., and American consumers used more than 2.3 
trillion minutes in 2010--that is more than 6.4 billion minutes per 
day. And while the foundation for wireless services has been voice 
communication, more subscribers are utilizing it for broadband. 
According to Cisco, global mobile data traffic grew 159 percent in 
2010, nearly tripling for the third year in a row. That growth is only 
expected to continue--there is expected to be over seven billion mobile 
devices globally by 2015 producing more than six exabytes per month. To 
put it in context, all the words ever spoken by human beings would 
equate to five exabytes worth of data.
  To meet this growing demand, a multi-faceted solution is required 
that includes fostering technological advancement and more robust 
spectrum management. Technologies, such as femtocells, distributed 
antenna system, DAS, and Wi-Fi hotspots, will help alleviate growing 
wireless demand by offloading that traffic onto wireline broadband 
networks. The Chairman of the Federal Communications Commission 
recently announced plans to open a proceeding on utilizing small cells 
in the 3.5 GHz band. And a recent spectrum report by the President's 
Council of Advisors on Science and Technology, PCAST, highlighted how 
reducing cell sizes of wireless networks to femtocell or Wi-Fi ranges 
could provide 400 times as much aggregate network capacity than current 
macro cells network topologies.
  To that point, the need is there--approximately 40 percent of cell 
phone

[[Page S5386]]

calls are made indoors and more than 26 percent of U.S. households have 
``cut-the-cord,'' relying solely on cell phones to make voice calls. On 
the data side, Cisco's Virtual Network Index reports approximately 60 
percent of mobile Internet use is done inside--either at home or at 
work. Consumers are also utilizing Wi-Fi more frequently--more than 80 
percent of smartphone users prefer Wi-Fi connections over cellular for 
mobile data usage, and approximately 75 percent of tablet users use Wi-
Fi connections only. In addition, several new tablets, such as the 
Microsoft Surface, Google Nexus 7, and Samsung Galaxy Tab, were 
introduced as Wi-Fi only versions.
  As the FCC's National Broadband Plan highlights, most smartphones 
sold today have Wi-Fi capabilities to take advantage of the growing 
ubiquity of Wi-Fi routers and devices. According to a May 2011 report 
from comScore, approximately 48 percent of all iPhone traffic was 
transported over Wi-Fi/LAN networks. So installing more mini-base 
stations, such as femtocells, DAS, and Wi-Fi hotspots will improve 
indoor coverage and wireless network capacity. It will also increase 
battery life of phones and tablets since the indoor signal will be 
stronger so devices will use less power.
  The increasing importance of wireless communications and broadband 
has a direct correlation to our nation's competitiveness, economy, and 
national security and therefore demands we make the appropriate changes 
to current spectrum policy and management to avert a spectrum crisis 
and continue to realize the boundless benefits of spectrum-based 
services. Congress has taken some steps but more must be done. That is 
why I sincerely hope that my colleagues join Senator Warner and me in 
supporting this important legislation.
                                 ______
                                 
      By Ms. LANDRIEU:
  S. 3442. A bill to provide tax incentives for small businesses, 
improve programs of the Small Business Administration, and for other 
purposes; to the Committee on Finance.
  Ms. LANDRIEU. Mr. President, I come to the floor today to discuss the 
importance of small businesses in the United States. It cannot be 
stated enough that small businesses are the economic engines of our 
country. Small businesses also represent the essence of the American 
Dream. They are creators of new jobs and innovative technologies. In 
fact, over the last 15 years, businesses employing less than 500 people 
have created 93 percent of all new jobs and employed 58.6 million 
workers. Businesses employing less than 20 people alone employed 21.3 
million workers. In my home state of Louisiana, small businesses make 
up about 98 percent of businesses. As Chair of the Senate Committee on 
Small Business and Entrepreneurship, I remain focused on the needs of 
these small businesses. That is why I am here today to introduce a bill 
that I believe will help spur job creation among small businesses.
  As you know, right now our country is still mired in an historic 
economic downturn. This economic downturn is disproportionately 
affecting small businesses and, in turn, stifling opportunities for 
them to generate economic growth for the country. Sadly, since November 
2008 80 percent of the job losses have come from small businesses. 2.16 
million jobs were lost in the private sector from July to February 
2008--nearly half from businesses with less than 50 employees. While 
corporate layoffs get the headlines, small business layoffs increase 
the breadlines. Ten jobs lost here and five jobs there add up. These 
are the job losses that hurt our economy, our communities and our 
families.
  With this in mind, I was proud to lead Congressional efforts to enact 
the Small Business Jobs Act of 2010, Public Law 111-240. President 
Obama signed this legislation into law on September 27, 2010. This 
legislation focused on the three ``C's'' important to small businesses: 
Capital, Contracting, and Counseling. 332 community banks in 47 states 
have received $4.01 billion in funding from the Small Business Lending 
Fund in the bill, which is $9.3 billion in leverage potential for small 
businesses. Furthermore, a total of 54 states/territories applied for 
funding through the Small Business State Credit Initiative Program to 
support State-run small business lending programs. Approximately, $1.3 
billion for 47 states and territories has been approved. Lastly, $30 
million of Round 1 of State Trade and Export, STEP, export grant 
funding was awarded in the Fall 2011 to 52 states and territories to 
promote small business exports. To date, the Small Business Jobs Act 
has provided an important boost to small businesses looking to get 
credit or open new markets overseas.
  Given the importance of small businesses to our economy, I believe 
that there is no better time than now for Congress to build off the 
success of the Small Business Jobs Act. But the key question is how to 
best assist our country's 28 million small businesses? This is 
complicated because Federal law defines a small business as ``those 
having 500 employees or less.'' They may all fit under the same broad 
category of small business, but they are not all the same. So it makes 
no sense for the Federal government or Congress to have a ``one size 
fits all'' policy for helping them grow. We must put a special focus on 
maximizing strategies to help those small firms that have the capacity 
to grow in the near term.
  The approach I have taken is to focus on the entrepreneurial 
ecosystems in our communities. This is because an ecosystem is defined 
as ``a system formed by the interaction of a community of organisms 
with their environment.'' I am particularly interested in the 
relationship between entrepreneurs, the current environment for 
entrepreneurship, and how we can make them more robust. In my view 
strengthening these ecosystems is an avenue to spur small business 
growth, create jobs, and grow our economy.
  Babson College, one of the country's top colleges for undergraduate/
graduate entrepreneurship programs, has looked into what makes up an 
entrepreneurial ecosystem. Babson has identified the ``six domains'' of 
any entrepreneurial ecosystem: a conducive culture that rewards 
innovation, creativity and experimentation; enabling policies and 
leadership that provide regulatory and capital support; availability of 
appropriate finance, including micro-loans, private equity and public 
capital; quality human capital that include both skilled and unskilled 
workers from at home and abroad; venture-friendly markets for products 
by creating distribution channels and entrepreneurship networks; and a 
range of institutional and infrastructural supports, including 
incubation centers and legal and accounting advisers.
  Building off this research and with feedback from other stakeholders, 
late last year my committee began preparations to conduct a series of 
roundtables on strengthening the entrepreneurial ecosystem for small 
businesses. The goal of these roundtables, which were conducted between 
February and April 2012, was to take the ideas that come out of these 
discussions and use them as the foundation for a major piece of 
legislation to support the entrepreneurial ecosystem. The first 
roundtable on February 1, 2012, was entitled ``Developing and 
Strengthening High-Growth Entrepreneurship.'' This roundtable set the 
stage for our discussions by exploring the recent success of high-
growth firms in job creation and why it is so important that we 
replicate that success. The second roundtable was on March 22, 2012, 
and was entitled ``A Spotlight on Small Business Investment Companies 
and Their Role in the Entrepreneurship Ecosystem.'' That roundtable 
looked at how we could enhance an already successful program that gets 
capital into the hands of America's job creators. The last roundtable 
was on April 18, 2012, and was entitled ``Perspectives from the 
Entrepreneurial Ecosystem: Creating Jobs and Growing Businesses through 
Entrepreneurship.'' That roundtable discussed how different 
stakeholders in the entrepreneurial ecosystem are creating new 
entrepreneurs and growing businesses. It brought together key 
stakeholders from different levels of an entrepreneurial ecosystem: 
universities and entrepreneurship programs, Federal and local 
officials, investors, private sector accelerators, mentors, and 
successful entrepreneurs.
  As a result of these three roundtables, my committee received almost 
60 specific policy recommendations from the 41 participants. Some of 
these recommendations fell under the

[[Page S5387]]

jurisdictions of other Senate committees, while other proposals had a 
significant cost associated with them or lacked the strong bipartisan 
support necessary to move them forward in the Senate. After further 
consulting with my colleagues on the committee, I was able to identify 
our own six ``domains'' of proposals to focus our efforts on: Tax and 
Finance; Access to Capital; Access to Global Markets; Access to 
Mentoring, Education and Strategic Partnerships; Access to Government 
Contracting; and Transparency, Accountability, and Effectiveness. These 
domains form the six titles of the Success Ultimately Comes from 
Capital, Contracting, Education, Strategic Partnerships, and Smart 
Regulations, SUCCESS, Act of 2012.
  First, Title I of the SUCCESS Act provides almost $12 billion in tax 
incentives to assist small businesses. All five tax provisions within 
the SUCCESS Act were based on parts of legislation, S. 2050, that was 
introduced in January by Senator Snowe and myself. S. 2050, the Small 
Business Tax Extenders Act, reflects the work of many of my Senate 
colleagues, including Senators Snowe, Kerry, Merkley, Cardin, Isakson, 
and Shaheen.
  Section 102 of the SUCCESS Act extends the 100 percent exclusion from 
tax the gain on the sale of qualified small businesses, QSB, stock that 
non-corporate taxpayers purchase in 2012 and 2013 and hold for 5 years. 
Qualifying small business stock is stock of C-corporation whose gross 
assets do not exceed $50 million, including the proceeds received from 
the issuance of the stock, and who meets a specific active business 
requirement. The amount of gain eligible for the exclusion is limited 
to the greater of ten times the taxpayer's basis in the stock or $10 
million of gain from stock in that corporation. Until 2009, non-
corporate taxpayers were allowed to exclude 50 percent of the gain from 
the sale of stock of QSB if the taxpayers held the stock for 5 years. 
The Recovery Act of 2009 increased the 50 percent exclusion to 75 
percent and the Small Business Jobs Act and subsequent legislation 
increased and extended the exclusion to 100 percent through 2011. 
However, as of January 1, 2012, the 100 percent exclusion has reverted 
to 50 percent and startup investments are no longer entitled to 
preferential capital gains treatment.
  Senator Kerry, a senior member of my committee as well as the Finance 
Committee, has been a leader in the Senate in getting this provision 
extended in previous Congresses. I also note that this proposal has 
bipartisan and White House support. President Obama has repeatedly 
called on Congress to make permanent the 100 percent capital gains 
exclusion and included this proposal in his Startup America Legislative 
Agenda. Senators Moran, Warner, Coons and Rubio have all called for 
making this provision permanent and included a version of this 
provision in S. 3217, the Startup Act 2.0 that was introduced in May. 
According to a Kauffman Foundation paper published earlier this year, 
the 100 percent exclusion ``boosts the after-tax returns on such 
investments in startups and should induce substantial levels of new 
investments in startup firms.'' They further estimate that making this 
provision permanent would increase risky investments by conservatively 
50 percent more than overall cost of the provision.
  Section 103 of the bill extends the increased deduction for business 
start-up expenditures in 2012 and 2013 from $5,000 to $10,000, subject 
to a $60,000 threshold. Under current law, taxpayers can elect to 
deduct up to $5,000 of ``start-up expenditures'' in the taxable year in 
which they start a trade or business. The $5,000 is reduced--but not 
below zero--by the amount by which start-up costs exceed $50,000. 
Examples of startup costs include studies of potential markets, 
products, labor markets, or transportation systems; advertisements for 
the opening of a new business; compensation for consultants and 
employees undergoing training and their instructors; and travel for the 
purpose of securing suppliers, distributors, and customers.
  The Small Business Jobs Act temporarily increased the amount of 
start-up expenditures entrepreneurs could deduct from their taxes in 
2010 from $5,000 to $10,000, with a phase-out threshold of $60,000. We 
need to bring this provision back to aid our small businesses.
  I note that there is also support within this chamber and from the 
White House for this proposal. As part of his Startup America 
Legislative Agenda, President Obama has called for making permanent the 
increased deduction for start-up expenditures. Senator Merkley 
successfully fought for the initial increase in deduction to be 
included in the Small Business Jobs Act. Over the past several years, 
this proposal has been repeatedly endorsed by the National Association 
for the Self-Employed and the National Federation of Independent 
Businesses, NFIB. Furthermore, according to a Kauffman Foundation 
survey, on average, new firms inject about $80,000 into their business 
during the first year of operation. The vast majority of small business 
owners--between 80 percent and 90 percent--also invest significant 
amounts of their own money into their businesses. These budding 
enterprises are also more dependent on personal capital at startup than 
after they become established businesses. Doubling the deduction for 
start-up costs puts cash in the hands of small businesses owners who 
need it most--those who are just getting started. According to 
estimates from Third Way, a non-partisan group, this proposal would 
help the more than 600,000 Americans who start their own business every 
year.
  Under current law, when a corporation becomes an S-Corporation, it is 
required to hold its business assets for 10 years or pay punitive 
taxes. This 10- year holding period is too long and ties up assets that 
could be sold to raise capital. In 2010, Congress reduced this holding 
period to 5 years to better match business planning cycles. Section 104 
of my bill will extend the 5-year holding period for 2012 and 2013, 
costing $251 million over 10 years. As with other provisions in the 
SUCCESS Act, this provision has bipartisan support. Senator Cardin has 
fought to make this proposal permanent. Senators Snowe, Vitter, and 
Roberts have also been long-time supporters and are co-sponsors of 
legislation introduced by Senator Cardin to make this provision 
permanent. By granting this extension, we will give the more than 4 
million S-Corporations in the U.S. the flexibility they need to raise 
capital.
  Section 105 would allow sole proprietorships, partnerships and non-
publicly traded corporations with less than $50M in average gross 
annual receipts for the prior 3 years, to carryback unused general 
business credits earned in 2012 and 2013 for 5 previous years. Under 
current law, if a business has no tax liability in its current tax 
year, it may carry the general business tax credit back to the previous 
tax year to offset taxes paid in the previous year and obtain a refund. 
If the current credit exceeds taxes paid in the previous year, the 
remaining credit may be carried forward for 20 years, without interest, 
and used to offset tax liability in future years. The general business 
credit is limited to the difference between the regular tax liability 
of a business and the greater of its tentative minimum tax or 25 
percent of regular tax liability in excess of $25,000. The general 
business tax credit is comprised of several different tax credits 
including the R&D tax credit, energy credits, the Low-Income Housing 
Tax Credit and the Work Opportunity Tax Credit.
  This extension would provide tax refunds to businesses that were 
previously healthy but are currently running losses. It would improve 
the effectiveness of business credits that are intended to expand 
investment and employment, in the case of the Work Opportunity Tax 
Credit. It would also allow businesses greater immediate benefit from 
credits designed to encourage specific types of economic activity, such 
as hiring disadvantaged workers or investments in renewable energy. By 
providing businesses with greater opportunity to claim business 
credits, the provisions would also give an infusion of cash to 
businesses, which might promote investment. This could be particularly 
important if businesses have trouble borrowing because of financial 
market problems.
  Section 106 of the SUCCESS Act extends a generous Section 179 
provision that allows small businesses to immediately write-off up to 
$500,000, up from $250,000, for tangible personal property

[[Page S5388]]

and up to $250,000 for improvements to leasehold property and retail 
property.
  Under the Small Business Jobs Act and other subsequent legislation, 
for taxable years beginning in 2010 and 2011, small businesses could 
write-off for capital expenditures for ``qualifying Sec. 179 property'' 
up to $500,000 and the phase-out threshold has been increased to 
$2,000,000. These thresholds were up from prior law thresholds of 
$25,000/$200,000. In addition, for the first time, the Small Business 
Jobs Act allowed taxpayers to expense $250,000 of the cost of 
improvements to real property including qualified restaurant property 
and qualified retail property. To qualify for the section 179 
deduction, property must have been acquired for use in the trade or 
business. Examples of qualifying property include machinery and 
equipment; property contained in or attached to a building, other than 
structural components, such as refrigerators, grocery store counters, 
office equipment, printing presses, testing equipment, and signs.; 
gasoline storage tanks and pumps at retail service stations.; 
livestock, including horses, cattle, hogs, sheep, goats, and mink and 
other furbearing animals.
  Extending the enhanced Section 179 deduction has bipartisan Senate 
support, White House support, and industry support. The President 
supports extending Section 179. My colleague Senator Snowe is a strong 
supporter of the enhanced Section 179 provision that allows businesses 
to expense improvements to restaurant and retail property. She 
developed this particular proposal in connection with her work on the 
Small Business Jobs Act. Finally, 26 National business groups such as 
the NFIB, the U.S. Chamber of Commerce, the National Association of 
Homebuilders, and the National Association of the Self-Employed 
endorsed extending Section 179 and including expensing for real 
property improvements in a May 21, 2012 letter to Congress.
  The next title of the SUCCESS Act focuses on improving access to 
capital for small businesses. In particular, Subtitle A under Title II 
was previously introduced as S. 3253, the Expanding Access to Capital 
for Entrepreneurial Leaders, EXCEL, Act. It provides necessary and 
timely enhancements to the Small Business Investment Company, SBIC, 
program. SBICs are government backed and regulated private equity funds 
which invest in U.S. small businesses. The SBIC program was created in 
1958 by then Senator Lyndon Johnson and Senator William Fulbright, and 
signed into law by President Eisenhower. During a Senate hearing on the 
creation of the program, Senator Joseph Clark said the legislation is 
``necessary to increase the availability of long-term credit and equity 
capital for small businesses.''
  Since 1958, SBICs have invested $56 billion in over 100,000 small 
businesses. The core debenture program operates at no cost to 
taxpayers. SBIC success stories include: Apple Computer, Callaway Golf, 
Costco, Outback Steakhouse, Jenny Craig, Annie's food company, and 
Center Rock of Berlin, PA, the manufacturers of the drill bit that 
saved the Chilean miners in October 2010.
  The SBIC program has seen strong growth in the past few years. For 
example, the program grew 50 percent in fiscal year 2011 alone. 
However, the authorization level has not been permanently raised since 
2003. To continue fulfilling the intent of the original legislation, it 
is time to make some improvements. The Landrieu-Snowe EXCEL Act has two 
main components. First, it raises the statutory cap for the SBIC 
Program from $3 billion to $4 billion. Second, it increases the amount 
of leverage by SBIC licensees under common control from $225 million to 
$350 million ``Family of Funds''. The components of this provision were 
also included in the President's Startup America legislative package.
  Subtitle B of Title II was originally introduced as S. 2364 by 
Senators Snowe, Landrieu, Isakson and Shaheen. The 504 loan program is 
a long-term financing tool for economic development that provides small 
businesses with long-term, fixed-rate loans to help them acquire major 
fixed assets and real estate for expansion or modernization. The Small 
Business Jobs Act allowed small businesses to use the 504 loan program 
to refinance certain qualifying existing debt for two years, but the 
SBA did not promulgate regulations to implement the refinancing 
provision until February 17, 2012.
  This subtitle would extend for a year and a half a provision allowing 
small business owners to use Small Business Administration, SBA, 504 
loans to refinance existing commercial mortgages. Extending the 504 
refinancing program is a common-sense way to help small businesses and 
create jobs. By allowing small businesses to refinance qualified 
commercial real estate debt, this program lowers their monthly mortgage 
payments at no cost to taxpayers. That's right, this provision has zero 
subsidy cost. At a time when we are still facing high unemployment, 
this extension is one of many things that we should be doing to put 
more capital in the hands of America's job creators.
  Subtitle C of Title II is a new proposal introduced for the first 
time as part of the SUCCESS Act. SBA currently releases some 
information publicly about SBA lending activity, but it is almost 
impossible to find and comprehend if you are not an SBA lending 
professional. If a small business, mayor, or governor wants to 
determine SBA lending activity in their area, they lack the ability to 
do so easily.
  This subtitle would require the SBA to post a user friendly Lender 
Activity Index on the SBA website. Users will immediately be able to 
access the following data for any given bank: name of bank, number of 
SBA loans each bank made, total dollar amount of SBA loans of each 
bank, zip code of bank activity, not where every single loan was made, 
but a list of every zip code where the bank has made an SBA loan, 
industries lent to, hospitality, manufacturing, service, software, 
etc., stage of business cycle, new, or existing business, and business 
specific information, i.e. Women Owned Businesses, Minority Owned 
Businesses, or Veteran Owned Businesses. Data will be available for the 
year to date and users will be able to compare to 3 previous fiscal 
years. Both quarterly and annual data will be included.
  Title III of the SUCCESS Act focuses on promoting exports from small 
businesses. The Small Business Jobs Act made major changes to the 
international trade work done by the SBA. Now that those provisions 
have been in place for several years, there are additional refinements 
and direction needed. I would like to specifically thank Senators 
Shaheen and Ayotte for their bipartisan export contributions to this 
effort. The export provisions of Tile III are taken from S. 3218, their 
Small Business Growth Act of 2012, as well as S. 3277, the Go Global 
Act of 2012 that Senator Shaheen and I authored this year.
  95 percent of the world's customers are located outside of the 
borders of the United States, and in the last twelve months we have 
exported more than $2 trillion of goods and services to these 
consumers. Yet only 1 percent of our approximately 28 million small 
businesses export. Our agencies need to be working together to ensure 
our small businesses have the resources they need to expand their 
customer base and be part of the more than $180 billion in exports that 
the United States sends around the world each month.
  This title aids our small business exporters by addressing federal 
government coordination, resources for rural businesses, and export 
control education. It establishes, in Section 306, an interagency task 
force of SBA, the Department of Agriculture (USDA), the Export-Import 
Bank, and the Overseas Private Investment Corporation on export 
financing to review, improve, and increase collaboration on current 
finance programs. Then, to further coordination, Section 307(a) begins 
a cross training program with SBA and USDA to inform their respective 
export finance specialists more about each other's programs. Our small 
businesses face enough challenges--we should be bringing our resources 
to them. In Section 304, this bill requires SBA, in coordination with 
other agencies, to do at least one export outreach event per year in 
each state. Section 307(b) also aids our rural small businesses by 
posting a list of rural lenders who participate in SBA and USDA loan 
programs and a list of rural small businesses counseling and technical 
assistance resources. Jobs created by exports pay, on average, 15 to 20 
percent more than jobs created by goods and services sold

[[Page S5389]]

in the United States. This bill will continue to support entrepreneurs 
who want to create and grow these employment opportunities for all 
Americans.
  Title IV of the bill focuses on promoting small business access to 
mentoring, education and strategic partnerships. Subtitle A of this 
title was originally introduced by Senator Snowe and I as S. 3198, the 
Strengthening Resources for America's Entrepreneurs Act of 2012. The 
SBA Office of Entrepreneurial Development, OED, oversees a network of 
programs and services that support the training and counseling needs of 
small business. According to the SBA, OED helps hundreds of thousands 
of small business clients start, grow and compete in global markets by 
providing quality training, counseling and access to resources. SBA 
delivers these services through non-profit, college and university, and 
community-based organization resource partners. Through its network of 
over 1,000 resource partners across the country, OED programs include 
Small Business Development Centers, SBDCs, Women's Business Centers, 
SCORE, and Entrepreneurship Education. However, it is currently 
difficult to track effectiveness and ensure our resources are being 
used in the best ways possible. To solve this challenge, this subtitle 
has four primary components. First, it requires the SBA to coordinate 
and make consistent data collection and outcome metrics for 
Entrepreneurial Development programs. Second, it increases planning for 
utilizing Entrepreneurial Development programs to create jobs. Third, 
it increases coordination between Entrepreneurial Development programs 
and Resource Partners at the national level. Finally, it increases 
accountability measures and reports to Congress regarding the 
effectiveness of Entrepreneurial Development programs.
  Subtitle B of the bill comes from S. 3197, the Women's Small Business 
Ownership Act which was sponsored by Senator Snowe and myself. This 
subtitle is focused on the SBA Women's Business Center (WBC) program. 
The WBC program was established in 1988 and implemented through the 
SBA's Office of Women's Business Ownership. It provides quality 
counseling and training services to all entrepreneurs, primarily women, 
especially those who are socially and economically disadvantaged. 
Through a network of over 100 non-profit organizations, WBCs help more 
than 150,000 clients annually to start and grow small firms in the 
local area in which they serve and to stimulate economic growth. 
Subtitle B reauthorizes the WBC program through Fiscal Year 2015 and 
makes improvements to the program, including a Government 
Accountability Office review of Women's Business Center program 
performance as compared with other SBA Entrepreneurial Development 
programs.
  Subtitle C of the SUCCESS Act is Senator Snowe's Strengthening 
America's Small Business Development Centers Act. Small Business 
Development Centers (SBDCs) are considered to be the backbone of the 
SBA's Office of Entrepreneurial Development efforts, and are the 
largest of the agency's OED programs. SBDCs are the university based 
resource partners that provide counseling and training needs for more 
than 600,000 business clients annually. From 2007 to 2008, the 
counseling and technical assistance services they offered lead to the 
creation of 58,501 new jobs, at a cost of $3,462 per job. Additionally, 
they estimate that their counseling services helped to save 88,889 
jobs. This subtitle would reauthorize SBDC program at the current $135 
million authorization level through fiscal year 15. Beyond 
reauthorizing the SBDC program, this provision also encourages SBDCs to 
improve outreach and communications to universities, community 
colleges, and junior colleges and allows the SBA Administrator to 
authorize out-of-state SBDCs to provide assistance in declared disaster 
areas.
  Subtitle D of Title IV was originally introduced as S. 3281 by 
Senators Snowe, Kerry, and Coburn. This subtitle repeals Federal 
authorization of the National Veterans Business Development 
Corporation, TVC, eliminating an ineffective government program. The 
National Veterans Business Development Corporation, also known as The 
Veterans Corporation or simply TVC, has been ineffective and 
controversial since its inception as part of the Veterans 
Entrepreneurship and Small Business Development Act, P.L. 106-50, in 
1999. In December of 2008, former Small Business Committee Chairman 
Kerry and Ranking Member Snowe investigated TVC, and issued a report 
detailing the organization's blatant mismanagement and wasting of 
taxpayers' dollars. Since the issuing of the Small Business Committee's 
report, Congress has appropriated no further funding for TVC, and the 
Small Business Administration has incorporated the Veteran Business 
Resource Centers, VBRCs, that TVC previously funded into its existing 
network of Veteran Business Outreach Centers, VBOCs. At present, TVC 
still exists as an organization, and it is still technically federally 
chartered. At the same time, it receives no Federal funds, has no 
Department or Agency oversight. It is time for it to be eliminated.
  Title V of the SUCCESS Act focuses on promoting Federal government 
contracting opportunities for small businesses. Section 511 under 
Subtitle A of Title V was originally introduced by Senators Cardin, 
Landrieu and Snowe as S. 2187, the Small Business Administration Surety 
Bond Increase Act. The SBA administers a surety bond guarantee program, 
designed to encourage sureties to issue bonds when they would otherwise 
determine that a small business presents an unacceptable degree of 
risk. Under the program, SBA may guarantee bid, performance, and 
payment bonds for individual contracts of $2 million or less for small 
businesses that cannot obtain surety bonds through regular commercial 
channels. In the American Recovery & Reinvestment Act of 2009, Senator 
Cardin was able to temporarily increase the size of SBA surety bond 
guarantee from $2 million to $5 million. Section 511 would make that 
permanent. It would ensure that small businesses have the means to the 
secure the necessary surety bonding to compete for contracts during the 
economic downturn.
  Subtitle B of Title V was originally introduced by Senators Snowe, 
Landrieu, Enzi, Brown, Merkley, Cantwell and eight other senators as S. 
633, the Small Business Contracting Fraud Prevention Act. Fraud in 
small business contracting programs has starkly increased over the 
years. Recently we have all read about instances where large businesses 
misrepresent their size and status to receive the benefits of SBA 
programs designed for small businesses. Firms that engage in this 
activity have long been subject to civil and/or criminal penalties 
under various laws and government-wide policies.
  The provisions in Subtitle B provide the SBA Inspector General with 
enhanced tools to eliminate fraud in small business contracting 
programs by: imposing greater penalties for fraud; requiring that firms 
be debarred for five years if they misrepresent their status as 
veteran-owned for purposes of programs under the act; and requiring the 
SBA to submit annual reports to Congress on the number of persons 
debarred or suspended from government contracting, or considered for 
debarment or suspension from government contracting, for violations of 
the bill. This will deter fraud in government small business 
contracting and will keep Congress in the loop on small business fraud 
issues.
  Subtitle C under Title V was originally introduced by Senators Snowe, 
Landrieu, Gillibrand and seven other senators as S. 2172, the Fairness 
in Women-Owned Small Business Contracting Act. Currently, the Women-
Owned Small Business, WOSB, contracting program caps contract awards to 
woman-owned businesses at $4 million for goods/services and $6.5 
million for manufacturing. In addition, sole-source contract awards 
under the program are prohibited. In other words, this program has 
limits that no other contracting program has.
  The provisions in Subtitle C would remove the contract award price 
limits for women-owned small businesses, create a provision allowing 
sole-source contract awards to WOSBs, direct the SBA to periodically 
conduct a study to identify any U.S. industry in which women are 
underrepresented, and every five years report the study results to 
Congress. From these improvements, more contracting opportunities will 
emerge for women-owned businesses in the Federal marketplace.

[[Page S5390]]

  Subtitle D of the Title V of the SUCCESS originated with our 
colleagues in the House of Representatives as H.R. 3851, the Small 
Business Champion Act. The Small Business Act established an Office of 
Small and Disadvantaged Business, OSDBU, within all major Federal 
Executive Agencies. The OSDBU is the primary advocate within each 
Agency responsible for promoting the maximum use of all small business 
programs within the Federal contracting process. The OSDBU is tasked 
with ensuring that each Federal agency and their large prime vendors 
comply with federal laws, regulations, and policies to include small 
businesses as sources for goods and services, both as prime contractors 
and subcontractors. Approximately 35 Federal Agencies have fully 
functioning OSDBU offices.
  In an effort to assist agencies with meeting contracting goals, 
Subtitle D makes three major modifications to OSDBU offices. First, it 
elevates the OSDBU Director at each agency to the Senior Executive 
Service, SES, rank. Second, it prohibits combining the duties of the 
OSDBU Director with unrelated duties. Finally, it requires that 
agencies consult with the OSDBU office on decisions to insource work 
performed by small businesses. I would note that the House of 
Representatives Committee on Small Business approved H.R. 3851 by voice 
vote on March 7, 2012.
  The final title of the SUCCESS Act is focused on improving Federal 
Government transparency, accountability, and effectiveness. A key 
component of this title is a result of the work of my colleague Senator 
Hagan from North Carolina. In particular, Subtitle A of Title VI is 
based upon Senator Hagan's legislation, S. 3194, the Small Business 
Common Application Act of 2012.
  Whether it is applying for a grant, seeking technical assistance, or 
bidding on a contract, small businesses face a dizzying array of 
paperwork when interacting with the Federal government. As a result, 
many small businesses avoid Federal programs altogether, missing out on 
potentially lucrative business opportunities. Senator Hagan's bill aims 
to streamline assistance for small businesses facing layers of 
paperwork when they apply for a grant, seek technical assistance or bid 
on a contract from the Federal government.
  Furthermore, according to a 2010 study from the SBA Office of 
Advocacy, it costs small businesses with 20 employees or less more than 
$10,500 per employee to comply with Federal regulations. When compared 
to their larger counterparts, it costs small firms over $2,800--or 
approximately 36 percent more--for each employee.
  Subtitle A builds off provisions in S. 3194 by establishing an 
Executive Committee of 12 Federal agency representatives, headed by the 
SBA Administrator, to review the feasibility of establishing a Small 
Business Common Application. This Executive Committee would then 
provide recommendations to the Executive Branch and Congress within 270 
days on establishing a common application and web portal for small 
businesses.
  The small business ``common app'' would function much like the one 
that students complete to apply to multiple colleges and universities 
simultaneously. It would ensure that small businesses across the 
country can concentrate on growing and creating jobs--not wasting time, 
filling out mountains of repetitive paperwork.
  Lastly, I recognize that it is important to provide sufficient 
oversight of the programs and assistance authorized in this bill. 
Subtitle B of Title VI would authorize a GAO review of the bill--
including whether programs receive necessary funding, have been 
successfully implemented, and are promoting job creation among small 
businesses. This report would go to the House and Senate Small Business 
Committees not later than 2 years after the date of enactment.
  In closing, I would like to reiterate that the SUCCESS Act is a 
combination of numerous bipartisan bills that have been introduced this 
Congress. So these proposals are neither new nor untested--they are 
ready for prime time. On July 12, 2012 the Senate voted on the SUCCESS 
Act as part of Senate Amendment 2521 to S. 2237, the Small Business 
Jobs and Tax Relief Act of 2012. Although the amendment came up short 
of the 60 votes needed to end debate, Senate Amendment 2521 did receive 
a strong 57 bipartisan votes. My Republican colleagues Senators Snowe, 
Collins, Vitter, Scott Brown, and Heller all voted in support of the 
amendment. I thank them for joining with us to try to move this 
legislation forward in the Senate. It is my understanding that some of 
my Republican colleagues may have voted for the amendment if it did not 
contain the underlying provisions from S. 2237. Procedurally, it was 
necessary to include these provisions to ensure a vote on the SUCCESS 
Act. However, recognizing these concerns, our bill that is being 
introduced today only includes Subtitle B of Senate Amendment 2521--the 
bipartisan SUCCESS Act provisions. I hope that additional colleagues 
from both sides of the aisle will now support the SUCCESS Act, 
especially as we are only a few votes short of being able to move it 
forward here in the Senate.
  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. 3442

       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 ``Success Ultimately Comes 
     from Capital, Contracting, Education, Strategic Partnerships, 
     and Smart Regulations Act of 2012'' or the ``SUCCESS Act of 
     2012''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

                 TITLE I--SMALL BUSINESS TAX EXTENDERS

Sec. 101. References.
Sec. 102. Extension of temporary exclusion of 100 percent of gain on 
              certain small business stock.
Sec. 103. Extension of increased amount allowed as a deduction for 
              start-up expenditures.
Sec. 104. Extension of reduction in recognition period for built-in 
              gains tax.
Sec. 105. Extension of 5-year carryback of general business credits of 
              eligible small businesses.
Sec. 106. Extension of increased expensing limitations and treatment of 
              certain real property as section 179 property.

                      TITLE II--ACCESS TO CAPITAL

  Subtitle A--Expanding Access to Capital for Entrepreneurial Leaders

Sec. 211. Short title.
Sec. 212. Program authorization.
Sec. 213. Family of funds.
Sec. 214. Adjustment for inflation.
Sec. 215. Public availability of information.
Sec. 216. Authorized uses of licensing fees.
Sec. 217. Sense of Congress.

                  Subtitle B--Low-Interest Refinancing

Sec. 221. Low-interest refinancing under the local development business 
              loan program.

                 Subtitle C--SBA Lender Activity Index

Sec. 231. SBA lender activity index.

                  TITLE III--ACCESS TO GLOBAL MARKETS

Sec. 301. Short title.
Sec. 302. Report on improvements to Export.gov as a single window for 
              export information.
Sec. 303. Report on developing a single window for information about 
              export control compliance.
Sec. 304. Promotion of exporting.
Sec. 305. Export control education.
Sec. 306. Small Business Inter-Agency Task Force on Export Financing.
Sec. 307. Promotion of exports by rural small businesses.
Sec. 308. Registry of export management and export trading companies.
Sec. 309. Reverse trade missions.
Sec. 310. State Trade and Export Promotion Grant Program.
Sec. 311. Promotion of interagency details.
Sec. 312. Annual export strategy.

  TITLE IV--ACCESS TO MENTORING, EDUCATION, AND STRATEGIC PARTNERSHIPS

      Subtitle A--Measuring the Effectiveness of Resource Partners

Sec. 411. Expanding entrepreneurship.

              Subtitle B--Women's Small Business Ownership

Sec. 421. Short title.
Sec. 422. Definition.
Sec. 423. Office of Women's Business Ownership.
Sec. 424. Women's Business Center Program.
Sec. 425. Study and report on economic issues facing women's business 
              centers.
Sec. 426. Study and report on oversight of women's business centers.

 Subtitle C--Strengthening America's Small Business Development Centers

Sec. 431. Institutions of higher education.

[[Page S5391]]

Sec. 432. Updating funding levels for small business development 
              centers.
Sec. 433. Assistance to out-of-state small businesses.
Sec. 434. Termination of small business development center defense 
              economic transition assistance.
Sec. 435. National Small Business Development Center Advisory Board.
Sec. 436. Repeal of Paul D. Coverdell drug-free workplace program.

  Subtitle D--Terminating the National Veterans Business Development 
                              Corporation

Sec. 441. National Veterans Business Development Corporation.

               TITLE V--ACCESS TO GOVERNMENT CONTRACTING

                           Subtitle A--Bonds

Sec. 511. Removal of sunset dates for certain provisions of the Small 
              Business Investment Act of 1958.

        Subtitle B--Small Business Contracting Fraud Prevention

Sec. 521. Short title.
Sec. 522. Definitions.
Sec. 523. Fraud deterrence at the Small Business Administration.
Sec. 524. Veterans integrity in contracting.
Sec. 525. Section 8(a) program improvements.
Sec. 526. HUBZone improvements.
Sec. 527. Annual report on suspension, debarment, and prosecution.

     Subtitle C--Fairness in Women-Owned Small Business Contracting

Sec. 531. Short title.
Sec. 532. Procurement program for women-owned small business concerns.
Sec. 533. Study and report on representation of women.

                  Subtitle D--Small Business Champion

Sec. 541. Short title.
Sec. 542. Offices of Small and Disadvantaged Business Utilization.
Sec. 543. Small Business Procurement Advisory Council.

       TITLE VI--TRANSPARENCY, ACCOUNTABILITY, AND EFFECTIVENESS

             Subtitle A--Small Business Common Application

Sec. 611. Definitions.
Sec. 612. Sense of Congress.
Sec. 613. Executive Committee On a Small Business Common Application.
Sec. 614. Authorization of appropriations.

          Subtitle B--Government Accountability Office Review

Sec. 621. Government Accountability Office review.

                 TITLE I--SMALL BUSINESS TAX EXTENDERS

     SEC. 101. REFERENCES.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Internal Revenue Code of 1986.

     SEC. 102. EXTENSION OF TEMPORARY EXCLUSION OF 100 PERCENT OF 
                   GAIN ON CERTAIN SMALL BUSINESS STOCK.

       (a) In General.--Paragraph (4) of section 1202(a) is 
     amended--
       (1) by striking ``January 1, 2012'' and inserting ``January 
     1, 2014'', and
       (2) by striking ``and 2011'' and inserting ``, 2011, 2012, 
     and 2013'' in the heading thereof.
       (b) Technical Amendments.--
       (1) Special rule for 2009 and certain period in 2010.--
     Paragraph (3) of section 1202(a) is amended by adding at the 
     end the following new flush sentence:

     ``In the case of any stock which would be described in the 
     preceding sentence (but for this sentence), the acquisition 
     date for purposes of this subsection shall be the first day 
     on which such stock was held by the taxpayer determined after 
     the application of section 1223.''.
       (2) 100 percent exclusion.--Paragraph (4) of section 
     1202(a) is amended by adding at the end the following new 
     flush sentence:

     ``In the case of any stock which would be described in the 
     preceding sentence (but for this sentence), the acquisition 
     date for purposes of this subsection shall be the first day 
     on which such stock was held by the taxpayer determined after 
     the application of section 1223.''.
       (c) Effective Dates.--
       (1) In general.--The amendments made by subsection (a) 
     shall apply to stock acquired after December 31, 2011.
       (2) Subsection (b)(1).--The amendment made by subsection 
     (b)(1) shall take effect as if included in section 1241(a) of 
     division B of the American Recovery and Reinvestment Act of 
     2009.
       (3) Subsection (b)(2).--The amendment made by subsection 
     (b)(2) shall take effect as if included in section 2011(a) of 
     the Creating Small Business Jobs Act of 2010.

     SEC. 103. EXTENSION OF INCREASED AMOUNT ALLOWED AS A 
                   DEDUCTION FOR START-UP EXPENDITURES.

       (a) In General.--Paragraph (3) of section 195(b) is 
     amended--
       (1) by inserting ``, 2012, or 2013'' after ``2010'', and
       (2) by inserting ``2012, and 2013'' in the heading thereof.
       (b) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2011.

     SEC. 104. EXTENSION OF REDUCTION IN RECOGNITION PERIOD FOR 
                   BUILT-IN GAINS TAX.

       (a) In General.--Paragraph (7) of section 1374(d) is 
     amended--
       (1) by redesignating subparagraph (C) as subparagraph (D), 
     and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Special rule for 2012 and 2013.--For dispositions of 
     property in taxable years beginning in 2012 or 2013, 
     subparagraphs (A) and (D) shall be applied by substituting 
     `5-year' for `10-year'.''.
       (b) Technical Amendment.--Subparagraph (B) of section 
     1374(d)(2) is amended by inserting ``described in 
     subparagraph (A)'' after ``, for any taxable year''.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2011.

     SEC. 105. EXTENSION OF 5-YEAR CARRYBACK OF GENERAL BUSINESS 
                   CREDITS OF ELIGIBLE SMALL BUSINESSES.

       (a) In General.--Subparagraph (A) of section 39(a)(4) is 
     amended by inserting ``or in taxable years beginning in 2012, 
     or 2013'' after ``2010''.
       (b) Technical Amendment.--Section 38(c)(5)(B) is amended--
       (1) by striking ``the sum of'', and
       (2) by inserting ``for any taxable year to which 
     subparagraph (A) applies'' after ``or (4)''.
       (c) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply to credits determined in taxable years beginning after 
     December 31, 2011.
       (2) Technical amendments.--The amendments made by 
     subsection (b) shall take effect as if included in section 
     2013(a) of the Creating Small Business Jobs Act of 2010.

     SEC. 106. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND 
                   TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 
                   179 PROPERTY.

       (a) In General.--
       (1) Dollar limitation.--Section 179(b)(1) is amended--
       (A) by striking ``and'' at the end of subparagraph (C),
       (B) by redesignating subparagraph (D) as subparagraph (E),
       (C) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) $500,000 in the case of taxable years beginning in 
     2013, and'', and
       (D) in subparagraph (E), as so redesignated, by striking 
     ``2012'' and inserting ``2013''.
       (2) Reduction in limitation.--Section 179(b)(2) is 
     amended--
       (A) by striking ``and'' at the end of subparagraph (C),
       (B) by redesignating subparagraph (D) as subparagraph (E),
       (C) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) $2,000,000 in the case of taxable years beginning in 
     2013, and'', and
       (D) in subparagraph (E), as so redesignated, by striking 
     ``2012'' and inserting ``2013''.
       (b) Computer Software.--Section 179(d)(1)(A)(ii) is amended 
     by striking ``2013'' and inserting ``2014''.
       (c) Election.--Section 179(c)(2) is amended by striking 
     ``2013'' and inserting ``2014''.
       (d) Special Rules for Treatment of Qualified Real 
     Property.--
       (1) In general.--Section 179(f)(1) is amended by striking 
     ``2010 or 2011'' and inserting ``2010, 2011, or 2013''.
       (2) Carryover limitation.--Section 179(f)(4) is amended by 
     striking subparagraphs (A) through (C) and inserting the 
     following:
       ``(A) In general.--Notwithstanding subsection (b)(3)(B)--
       ``(i) no amount attributable to qualified real property 
     placed in service in any taxable year beginning in 2010 or 
     2011 may be carried over to any taxable year beginning after 
     2011, and
       ``(ii) no amount attributable to qualified real property 
     placed in service in any taxable year beginning in 2013 may 
     be carried over to any taxable year beginning after 2013.
       ``(B) Treatment of disallowed amounts.--Except as provided 
     in subparagraph (C)--
       ``(i) Taxable years beginning after 2011.--To the extent 
     that any amount is not allowed to be carried over to a 
     taxable year beginning after 2011 by reason of subparagraph 
     (A)(i), this title shall be applied as if no election under 
     this section had been made with respect to such amount.
       ``(ii) Taxable years beginning after 2013.--To the extent 
     that any amount is not allowed to be carried over to a 
     taxable year beginning after 2013 by reason of subparagraph 
     (A)(ii), this title shall be applied as if no election under 
     this section had been made with respect to such amount.
       ``(C) Amounts carried over from certain taxable years.--
       ``(i) Amounts carried over from 2010.--If subparagraph 
     (B)(i) applies to any amount (or portion of an amount) which 
     is carried over from a taxable year other than the taxpayer's 
     last taxable year beginning in 2011, such amount (or portion 
     of an amount) shall be treated for purposes of this title as 
     attributable to property placed in service on the first day 
     of the taxpayer's last taxable year beginning in 2011.
       ``(ii) Amounts carried over from 2013.--If subparagraph 
     (B)(ii) applies to any amount (or portion of an amount) which 
     is carried over from a taxable year other than the taxpayer's 
     last taxable year beginning in 2013,

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     such amount (or portion of an amount) shall be treated for 
     purposes of this title as attributable to property placed in 
     service on the first day of the taxpayer's last taxable year 
     beginning in 2013.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2012.

                      TITLE II--ACCESS TO CAPITAL

  Subtitle A--Expanding Access to Capital for Entrepreneurial Leaders

     SEC. 211. SHORT TITLE.

       This subtitle may be cited as the ``EXCEL Act of 2012''.

     SEC. 212. PROGRAM AUTHORIZATION.

       Section 303(b) of the Small Business Investment Act of 1958 
     (15 U.S.C. 683(b)) is amended, in the matter preceding 
     paragraph (1), in the first sentence, by inserting after 
     ``issued by such companies'' the following: ``, in a total 
     amount that does not exceed $4,000,000,000 each fiscal year 
     (adjusted annually to reflect increases in the Consumer Price 
     Index established by the Bureau of Labor Statistics of the 
     Department of Labor)''.

     SEC. 213. FAMILY OF FUNDS.

       Section 303(b)(2)(B) of the Small Business Investment Act 
     of 1958 (15 U.S.C. 683(b)(2)(B)) is amended by striking 
     ``$225,000,000'' and inserting ``$350,000,000''.

     SEC. 214. ADJUSTMENT FOR INFLATION.

       Section 303(b)(2) of the Small Business Investment Act of 
     1958 (15 U.S.C. 683(b)(2)) is amended by adding at the end 
     the following:
       ``(E) Adjustments.--
       ``(i) In general.--The dollar amounts in subparagraph 
     (A)(ii), subparagraph (B), and subparagraph (C)(ii)(I) shall 
     be adjusted annually to reflect increases in the Consumer 
     Price Index established by the Bureau of Labor Statistics of 
     the Department of Labor (in this subparagraph referred to as 
     the `CPI').
       ``(ii) Applicability.--The adjustments required by clause 
     (i)--

       ``(I) with respect to dollar amounts in subparagraphs 
     (A)(ii) and (C)(ii)(I) shall initially reflect increases in 
     the CPI during the period beginning on the effective date of 
     section 505 of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5; 123 Stat. 156) through the date of 
     enactment of this subparagraph and annually thereafter;
       ``(II) with respect to dollar amounts in subparagraph (B) 
     shall reflect increases in the CPI annually on and after the 
     date of enactment of this subparagraph.''.

     SEC. 215. PUBLIC AVAILABILITY OF INFORMATION.

       Section 303 of the Small Business Investment Act of 1958 
     (15 U.S.C. 683) is amended by adding at the end the 
     following:
       ``(l) Access to Fund Information.--Annually, the 
     Administrator shall make public on its website the following 
     information with respect to each small business investment 
     company:
       ``(1) The amount of capital deployed since fund inception.
       ``(2) The amount of leverage drawn since fund inception.
       ``(3) The number of investments since fund inception.
       ``(4) The number of businesses receiving capital since fund 
     inception.
       ``(5) Industry sectors receiving investment since fund 
     inception.
       ``(6) The amount of leverage principal repaid by the small 
     business investment company since fund inception.
       ``(7) A basic description of investment strategy.''.

     SEC. 216. AUTHORIZED USES OF LICENSING FEES.

       Section 301 of the Small Business Investment Act of 1958 
     (15 U.S.C. 681) is amended--
       (1) by redesignating subsection (e) as subsection (d); and
       (2) in subsection (d)(2)(B), as so redesignated, by 
     inserting before the period at the end the following: ``and 
     other small business investment company program needs''.

     SEC. 217. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) small business investment companies would benefit from 
     partnerships with community banks and other lenders, and 
     should work with community banks and other lenders, to ensure 
     that if community banks and other lenders deny an application 
     by a small business concern for a loan, the community banks 
     or other lenders will refer the small business concern to 
     small business investment companies; and
       (2) the Administrator of the Small Business Administration 
     (in this Act referred to as the ``Administrator'') should--
       (A) increase outreach to community banks and other lenders 
     to encourage community banks and other lenders to invest in 
     small business investment companies;
       (B) use the Internet to make publicly available in a timely 
     manner which small business investment companies are actively 
     soliciting investments and making investments in small 
     business concerns;
       (C) partner with governors, mayors, States, and 
     municipalities to increase outreach by small business 
     investment companies to underserved and rural areas; and
       (D) continue to make changes to the webpage for the small 
     business investment company program, to make the webpage--
       (i) a more prominent part of the website of the 
     Administration; and
       (ii) more user-friendly.

                  Subtitle B--Low-Interest Refinancing

     SEC. 221. LOW-INTEREST REFINANCING UNDER THE LOCAL 
                   DEVELOPMENT BUSINESS LOAN PROGRAM.

       Section 1122(b) of the Small Business Jobs Act of 2010 (15 
     U.S.C. 696 note) is amended by striking ``2 years'' and 
     inserting ``on the date that is 3 years and 6 months''.

                 Subtitle C--SBA Lender Activity Index

     SEC. 231. SBA LENDER ACTIVITY INDEX.

       Section 4 of the Small Business Act (15 U.S.C. 633) is 
     amended by adding at the end the following:
       ``(g) SBA Lender Activity Index.--
       ``(1) Definition.--In this subsection, the term `covered 
     loan' means a loan made or debenture issued under this Act or 
     the Small Business Investment Act of 1958 (15 U.S.C. 661 et 
     seq.) by a private individual or entity.
       ``(2) Requirement.--Not later than 6 months after the date 
     of enactment of this subsection, the Administrator shall make 
     publicly available on the website of the Administration a 
     user-friendly database of information relating to lenders 
     making covered loans (to be known as the `Lender Activity 
     Index').
       ``(3) Data included.--
       ``(A) In general.--The database made available under 
     paragraph (2) shall include, for each lender making a covered 
     loan--
       ``(i) the name of the lender;
       ``(ii) the number of covered loans made by the lender;
       ``(iii) the total dollar amount of covered loans made by 
     the lender;
       ``(iv) a list of each ZIP code in which a recipient of a 
     covered loan made by the lender is located;
       ``(v) a list of the industries of the recipients to which 
     the lender made a covered loan;
       ``(vi) whether the covered loan is for an existing business 
     or a new business;
       ``(vii) the number and total dollar amount of covered loans 
     made by the lender to--

       ``(I) small business concerns owned and controlled by 
     women;
       ``(II) socially and economically disadvantaged small 
     business concerns (as defined in section 8(a)(4)(A)); and
       ``(III) small business concerns owned and controlled by 
     veterans; and

       ``(viii) whether the covered loan was made under section 
     7(a) or under the program to provide financing to small 
     business concerns through guarantees of loans under title V 
     of the Small Business Investment Act of 1958 (15 U.S.C. 695 
     et seq.).
       ``(B) Incorporation of data.--The Administrator shall--
       ``(i) include in the database made available under 
     paragraph (2) information relating to covered loans made 
     during fiscal years 2009, 2010, 2011, and 2012; and
       ``(ii) incorporate information relating to covered loans on 
     an ongoing basis.
       ``(C) Period of data availability.--The Administrator shall 
     retain information relating to a covered loan in the database 
     made available under paragraph (2) until not earlier than the 
     end of the third fiscal year beginning after the fiscal year 
     during which the covered loan was made.''.

                  TITLE III--ACCESS TO GLOBAL MARKETS

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Small Business Export 
     Growth Act of 2012''.

     SEC. 302. REPORT ON IMPROVEMENTS TO EXPORT.GOV AS A SINGLE 
                   WINDOW FOR EXPORT INFORMATION.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Director of International Trade of 
     the Small Business Administration shall, after consultation 
     with the entities specified in subsection (b), submit to the 
     Committee on Small Business and Entrepreneurship and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Small Business and the Committee 
     on Foreign Affairs of the House of Representatives a report 
     that includes the recommendations of the Director for 
     improving the experience provided by the website Export.gov 
     (or a successor website) as--
       (1) a comprehensive resource for information about 
     exporting articles from the United States; and
       (2) a single website for exporters to submit all 
     information required by the Federal Government with respect 
     to the exportation of articles from the United States.
       (b) Entities Specified.--The entities specified in this 
     subsection are--
       (1) small business concerns (as defined in section 3 of the 
     Small Business Act (15 U.S.C. 632)) that are exporters; and
       (2) the President's Export Council, State agencies with 
     responsibility for export promotion or export financing, 
     district export councils, and trade associations.

     SEC. 303. REPORT ON DEVELOPING A SINGLE WINDOW FOR 
                   INFORMATION ABOUT EXPORT CONTROL COMPLIANCE.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Chief Counsel for Advocacy of the 
     Small Business Administration shall submit to the appropriate 
     congressional committees a report assessing the benefits of 
     developing a website to serve as--
       (1) a comprehensive resource for complying with and 
     information about the export control laws and regulations of 
     the United States; and
       (2) a single website for exporters to submit all 
     information required by the Federal Government with respect 
     to export controls.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--

[[Page S5393]]

       (1) the Committee on Commerce, Science, and Transportation, 
     the Committee on Banking, Housing, and Urban Affairs, and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate; and
       (2) the Committee on Energy and Commerce, the Committee on 
     Foreign Affairs, and the Committee on Small Business of the 
     House of Representatives.

     SEC. 304. PROMOTION OF EXPORTING.

       Section 22(c)(11) of the Small Business Act (15 U.S.C. 
     649(c)(11)) is amended by inserting ``, which shall include 
     conducting not fewer than 1 outreach event each fiscal year 
     in each State that promotes exporting as a business 
     development opportunity for small business concerns'' before 
     the semicolon.

     SEC. 305. EXPORT CONTROL EDUCATION.

       Section 22 of the Small Business Act (15 U.S.C. 649) is 
     amended--
       (1) by redesignating subsection (l) as subsection (n); and
       (2) by inserting after subsection (k) the following:
       ``(l) Export Control Education.--The Associate 
     Administrator shall ensure that all programs of the 
     Administration to support exporting by small business 
     concerns place a priority on educating small business 
     concerns about Federal export control regulations.''.

     SEC. 306. SMALL BUSINESS INTER-AGENCY TASK FORCE ON EXPORT 
                   FINANCING.

       The Administrator, in consultation with the Secretary of 
     Agriculture, the President of the Export-Import Bank of the 
     United States, and the President of the Overseas Private 
     Investment Corporation shall jointly establish a Small 
     Business Inter-Agency Task Force on Export Financing to--
       (1) review and improve Federal export finance programs for 
     small business concerns; and
       (2) coordinate the activities of the Federal Government to 
     assist small business concerns seeking to export.

     SEC. 307. PROMOTION OF EXPORTS BY RURAL SMALL BUSINESSES.

       (a) Small Business Administration-United States Department 
     of Agriculture Interagency Coordination.--
       (1) Export financing programs.--In coordination with the 
     Secretary of Agriculture, the Administrator shall develop a 
     program to cross-train export finance specialists and 
     personnel from the Office of International Trade of the 
     Administration on the export financing programs of the 
     Department of Agriculture and the Foreign Agricultural 
     Service.
       (2) Export assistance and business counseling programs.--In 
     coordination with the Secretary of Agriculture and the 
     Foreign Agricultural Service, the Administrator shall develop 
     a program to cross-train export finance specialists, 
     personnel from the Office of International Trade of the 
     Administration, Small Business Development Centers, women's 
     business centers, the Service Corps of Retired Executives 
     authorized by section 8(b)(1) of the Small Business Act (15 
     U.S.C. 637(b)(1)), Export Assistance Centers, and other 
     resource partners of the Administration on the export 
     assistance and business counseling programs of the Department 
     of Agriculture.
       (b) Report on Lenders.--Section 7(a)(16)(F) of the Small 
     Business Act (15 U.S.C. 636(a)(16)(F)) is amended--
       (1) in clause (i)--
       (A) by redesignating subclauses (I) through (III) as items 
     (aa) through (cc), respectively, and adjusting the margins 
     accordingly;
       (B) by striking ``list, have made'' and inserting the 
     following: ``list--

       ``(I) have made'';

       (C) in item (cc), as so redesignated, by striking the 
     period at the end and inserting ``; and''; and
       (D) by adding at the end the following:

       ``(II) were located in a rural area, as that term is 
     defined in section 1393(a)(2) of the Internal Revenue Code of 
     1986, or a nonmetropolitan statistical area and have made--

       ``(aa) loans guaranteed by the Administration; or
       ``(bb) loans through the programs offered by the United 
     States Department of Agriculture or the Foreign Agricultural 
     Service.''; and
       (2) in clause (ii)(II), by inserting ``and by resource 
     partners of the Administration'' after ``the 
     Administration''.
       (c) Cooperation With Small Business Development Centers.--
     Section 21(c)(3)(M) of the Small Business Act (15 U.S.C. 
     648(c)(3)(M)) is amended by inserting after ``the Department 
     of Commerce,'' the following: ``the Department of 
     Agriculture,''.
       (d) List of Rural Export Assistance Resources.--Section 
     22(c)(7) of the Small Business Act (15 U.S.C. 649(c)(7)) is 
     amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (3) by inserting after subparagraph (C) the following:
       ``(D) publishing an annual list of relevant resources and 
     programs of the district and regional offices of the 
     Administration, other Federal agencies, the small business 
     development center network, Export Assistance Centers, the 
     network of women's business centers, chapters of the Service 
     Corps of Retired Executives, State and local export promotion 
     programs, and partners in the private sector, that--
       ``(i) are administered or offered by entities located in 
     rural or nonmetropolitan statistical areas; and
       ``(ii) offer export assistance or business counseling 
     services to rural small businesses concerns; and''.

     SEC. 308. REGISTRY OF EXPORT MANAGEMENT AND EXPORT TRADING 
                   COMPANIES.

       (a) Coordination With Export Management Companies and 
     Export Trading Companies.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator shall 
     establish a program to register export management companies, 
     as that term is defined by the Department of Commerce, and 
     export trading companies, as that term is defined in section 
     103 of the Export Trading Company Act of 1982 (15 U.S.C. 
     4002).
       (b) Requirements.--The program established under subsection 
     (a) shall--
       (1) be similar to the program of the Administration for 
     registering franchise companies, as in effect on the date of 
     enactment of this Act; and
       (2) require that a list of the export management companies 
     and export trading companies that register under the program, 
     categorized by the type of product exported by the company, 
     be made available on the website of the Administration.

     SEC. 309. REVERSE TRADE MISSIONS.

       Section 22(c) of the Small Business Act (15 U.S.C. 649(c)) 
     is amended--
       (1) in paragraph (12), by striking ``and'' at the end;
       (2) in paragraph (13), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(14) in coordination with other relevant Federal 
     agencies, encourage the participation of employees and 
     resource partners of the Administration in reverse trade 
     missions hosted or sponsored by the Federal Government.''.

     SEC. 310. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.

       Section 1207(a)(5) of the Small Business Jobs Act of 2010 
     (15 U.S.C. 649b note) is amended by inserting after ``Guam,'' 
     the following: ``the Commonwealth of the Northern Mariana 
     Islands,''.

     SEC. 311. PROMOTION OF INTERAGENCY DETAILS.

       It is the sense of Congress that the Administrator should 
     periodically detail staff of the Administration to other 
     Federal agencies that are members of the Trade Promotion 
     Coordinating Committee, to facilitate the cross training of 
     the staff of the Administration on the export assistance 
     programs of such other agencies.

     SEC. 312. ANNUAL EXPORT STRATEGY.

       Section 22 of the Small Business Act (15 U.S.C. 649), as 
     amended by section 305 of this Act, is amended by adding at 
     the end the following:
       ``(m) Small Business Trade Strategy.--
       ``(1) Development of small business trade strategy.--The 
     Associate Administrator shall develop and maintain a small 
     business trade strategy that is included in the report on the 
     governmentwide strategic plan for Federal trade promotion 
     required to be submitted to Congress by the Trade Promotion 
     Coordinating Committee under section 2312(f)(1) of the Export 
     Enhancement Act of 1988 (15 U.S.C. 4727(f)(1)) that includes, 
     at a minimum--
       ``(A) strategies to increase export opportunities for small 
     business concerns, including a specific strategy to increase 
     opportunities for small business concerns that are new to 
     exporting;
       ``(B) recommendations to increase the competitiveness in 
     the global economy of small business concerns in the United 
     States that are part of industries in which small business 
     concerns account for a high proportion of participating 
     businesses;
       ``(C) recommendations to protect small business concerns 
     from unfair trade practices, including intellectual property 
     violations;
       ``(D) recommendations for strategies to promote and 
     facilitate opportunities in the foreign markets that are most 
     accessible for small business concerns that are new to 
     exporting; and
       ``(E) strategies to expand the representation of small 
     business concerns in the formation and implementation of 
     United States trade policy.
       ``(2) Annual report to congress.--At the beginning 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 small business trade strategy 
     required under paragraph (1), which shall contain, at a 
     minimum--
       ``(A) a description of each strategy and recommendation 
     described in paragraph (1);
       ``(B) specific policies and objectives, together with 
     timelines for the implementation of such policies and 
     objectives; and
       ``(C) a description of the progress of the Administration 
     in implementing the strategies and recommendations contained 
     in the report submitted for the preceding fiscal year.''.

  TITLE IV--ACCESS TO MENTORING, EDUCATION, AND STRATEGIC PARTNERSHIPS

      Subtitle A--Measuring the Effectiveness of Resource Partners

     SEC. 411. EXPANDING ENTREPRENEURSHIP.

       Section 4 of the Small Business Act (15 U.S.C. 633), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(h) Management and Direction.--

[[Page S5394]]

       ``(1) Plan for entrepreneurial development and job creation 
     strategy.--
       ``(A) Plan required.--The Administrator, in consultation 
     with a representative from each entrepreneurial development 
     program of the Administration, shall develop and submit to 
     Congress a plan for using the entrepreneurial development 
     programs of the Administration to create jobs during fiscal 
     years 2013 and 2014.
       ``(B) Contents of plan.--The plan required under 
     subparagraph (A) shall--
       ``(i) include the plan of the Administrator for using 
     existing programs, including small business development 
     centers, women's business centers, the Service Corps of 
     Retired Executives authorized by section 8(b)(1), Veterans 
     Business Outreach Centers, and programs of the Office of 
     Native American Affairs, to create jobs;
       ``(ii) identify a strategy for each region of the 
     Administration to use programs of the Administration to 
     create or retain jobs in the region; and
       ``(iii) establish performance measures and criteria, 
     including goals for job creation, job retention, and job 
     retraining, to evaluate the success of the plan.
       ``(2) Data collection process.--
       ``(A) In general.--The Administrator shall, after notice 
     and opportunity for comment, promulgate a rule to develop and 
     implement a consistent data collection process for the 
     entrepreneurial development programs.
       ``(B) Contents.--The data collection process developed 
     under subparagraph (A) shall collect data relating to job 
     creation and performance and any other data determined 
     appropriate by the Administrator.
       ``(3) Coordination and alignment of sba entrepreneurial 
     development programs.--The Administrator, in consultation 
     with other Federal departments and agencies as the 
     Administrator determines is appropriate, shall submit an 
     annual report to Congress describing opportunities to foster 
     coordination of, limit duplication among, and improve program 
     delivery for Federal entrepreneurial development programs.
       ``(4) Database of entrepreneurial development service 
     providers.--
       ``(A) Establishment.--After providing a period of 60 days 
     for public comment, the Administrator shall--
       ``(i) establish a database of providers of entrepreneurial 
     development services; and
       ``(ii) make the database available through the website of 
     the Administration.
       ``(B) Searchability.--The database established under 
     subparagraph (A) shall be searchable by industry, geographic 
     location, and service required.
       ``(5) Community specialist.--
       ``(A) Designation.--The Administrator shall designate not 
     fewer than 1 staff member in each district office of the 
     Administration as a community specialist whose full-time 
     responsibility is working with local providers of 
     entrepreneurial development services to increase coordination 
     with Federal entrepreneurial development programs.
       ``(B) Performance.--The Administrator shall develop 
     benchmarks for measuring the performance of community 
     specialists under this paragraph.''.

              Subtitle B--Women's Small Business Ownership

     SEC. 421. SHORT TITLE.

       This subtitle may be cited as the ``Women's Small Business 
     Ownership Act of 2012''.

     SEC. 422. DEFINITION.

       In this subtitle, the term ``Administrator'' means the 
     Administrator of the Small Business Administration.

     SEC. 423. 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) in clause (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

       (ii) in clause (ii), by striking ``Women's Business Center 
     program'' each place that term appears and inserting 
     ``women's business center program''; 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 examination 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 examination process by--
       ``(A) providing public notice of any announcement for 
     financial assistance under subsection (b) or a grant 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 programmatic and financial 
     examination process; and
       ``(E) providing to each women's business center, not later 
     than 60 days after the completion of a site visit to the 
     women's business center (whether conducted for an audit, 
     performance review, or other reason), a copy of any site 
     visit reports or evaluation reports prepared by district 
     office technical representatives or officers or employees of 
     the Administration.''.
       (b) Change of Title.--
       (1) In general.--Section 29 of the Small Business Act (15 
     U.S.C. 656) is amended--
       (A) in subsection (a)--
       (i) by striking paragraphs (1) and (4);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (4) and (5), respectively; and
       (iii) by inserting before paragraph (4), as so 
     redesignated, the following:
       ``(2) the term `Director' means the Director of the Office 
     of Women's Business Ownership established under subsection 
     (g);'';
       (B) by striking ``Assistant Administrator'' each place that 
     term 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. 424. 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), as amended by section 423(b) of this 
     Act--
       (A) by inserting before paragraph (2) 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) 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 junior or community college, as defined in section 
     312(f) of the Higher Education Act of 1965 (20 U.S.C. 
     1058(f)); or
       ``(E) any combination of entities listed in subparagraphs 
     (A) through (D);''; and
       (C) by adding after paragraph (5) the following:
       ``(6) the term `women's business center' means a project 
     conducted by an eligible entity under this section.'';
       (2) in subsection (b)--
       (A) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), and adjusting the margins 
     accordingly;
       (B) by striking ``The Administration'' and all that follows 
     through ``5-year projects'' 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''; 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 $100,000 
     and not more than $150,000 per year.
       ``(B) Lower amount.--The Administrator may award financial 
     assistance under this subsection to a recipient in an amount 
     that is less than $100,000 if the Administrator determines 
     that the recipient is unable to make a non-Federal 
     contribution of $100,000 or more, as required under 
     subsection (c).
       ``(C) Equal allocations.--If the Administration has 
     insufficient funds to provide financial assistance of not 
     less than $100,000 for each recipient of financial assistance 
     under this subsection in any fiscal year, the Administrator 
     shall provide an equal amount of financial assistance to each 
     recipient in the fiscal year, 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

[[Page S5395]]

       ``(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)(4).'';
       (3) in subsection (c)--
       (A) in paragraph (1) by striking ``the recipient 
     organization'' and inserting ``an eligible entity'';
       (B) in paragraph (3), in the second sentence, by striking 
     ``a recipient organization'' and inserting ``an eligible 
     entity'';
       (C) in paragraph (4)--
       (i) by striking ``recipient of assistance'' and inserting 
     ``eligible entity'';
       (ii) by striking ``such organization'' and inserting ``the 
     eligible entity''; and
       (iii) by striking ``recipient'' and inserting ``eligible 
     entity''; and
       (D) in paragraph (5)--
       (i) in subparagraph (A), by striking ``a recipient 
     organization'' and inserting ``an eligible entity''; and
       (ii) by striking ``the recipient organization'' each place 
     it appears and inserting ``the eligible entity''; and
       (E) by adding at end the following:
       ``(6) Separation of project and funds.--An eligible entity 
     shall--
       ``(A) carry out a project under this section separately 
     from other projects, if any, of the eligible entity; and
       ``(B) separately maintain and account for any financial 
     assistance under this section.'';
       (4) in subsection (e)--
       (A) by striking ``applicant organization'' and inserting 
     ``eligible entity'';
       (B) by striking ``a recipient organization'' and inserting 
     ``an eligible entity''; and
       (C) by striking ``site'';
       (5) by striking subsection (f) and inserting the following:
       ``(f) Applications and Criteria for Initial Financial 
     Assistance.--
       ``(1) Application.--Each eligible entity desiring financial 
     assistance under subsection (b) shall submit to the 
     Administrator an application that contains--
       ``(A) a certification that the eligible entity--
       ``(i) has designated an executive director or program 
     manager, who may be compensated using financial assistance 
     under subsection (b) or other sources, to manage the center 
     on a full-time basis;
       ``(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 
     examination; and
       ``(III) to the maximum extent practicable, to remedy any 
     problems identified pursuant to the site visit or examination 
     under subclause (I) or (II); and

       ``(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 is located;
       ``(D) information demonstrating the experience and 
     effectiveness of the eligible entity in--
       ``(i) conducting financial, management, and marketing 
     assistance programs, as described in 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) working with 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 
     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.
       ``(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 to 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 begin 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 
     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)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) Application and approval for renewal grants.--
       ``(A) Solicitation of applications.--The Administrator 
     shall solicit applications and award grants under this 
     subsection for the first fiscal year beginning after the date 
     of enactment of the Women's Small Business Ownership Act of 
     2012, and every third fiscal year thereafter.
       ``(B) Contents of 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 an eligible entity;
       ``(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 examination 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 examination 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 obtain 
     the non-Federal contribution required under paragraph (4)(C);
       ``(iii) information relating to assistance to be provided 
     by the women's business center in the area served by the 
     women's business center for which a grant under this 
     subsection is sought;
       ``(iv) information demonstrating that the applicant has 
     worked with 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.
       ``(C) Review and approval of applications for grants.--
       ``(i) In general.--The Administrator shall--

       ``(I) review each application submitted under subparagraph 
     (B), 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 to 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

[[Page S5396]]

       ``(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 startup companies assisted 
     by the applicant;
       ``(cc) the percentage of 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.

       ``(D) Notification.--Not later than 60 days after the date 
     of each deadline to submit applications, the Administrator 
     shall approve or deny any application under this paragraph 
     and notify the applicant for each such application of the 
     approval or denial.
       ``(E) Record retention.--The Administrator shall maintain a 
     copy of each application submitted under this paragraph for 
     not less than 7 years.''; and
       (B) by striking paragraph (5) and inserting the following:
       ``(5) Award to previous recipients.--There shall be no 
     limitation on the number of times the Administrator may award 
     a grant to an applicant under this subsection.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Section 29 of the Small Business Act (15 
     U.S.C. 656) is amended--
       (A) in subsection (h)(2), by striking ``to award a contract 
     (as a sustainability grant) under subsection (l) or'';
       (B) in subsection (j)(1), by striking ``The 
     Administration'' and inserting ``Not later than November 1 of 
     each year, the Administrator'';
       (C) in subsection (k)--
       (i) by striking paragraphs (1), (2), and (4);
       (ii) by redesignating paragraph (3) as paragraph (4); and
       (iii) by inserting before paragraph (4), 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, $14,500,000 for each of fiscal 
     years 2013, 2014, and 2015.
       ``(2) Use of funds.--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.
       ``(3) Continuing grant and cooperative agreement 
     authority.--
       ``(A) 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.
       ``(B) Suspension or termination.--If the Administrator has 
     entered into a grant or cooperative agreement with a women's 
     business center under this section, the Administrator may not 
     suspend or terminate the 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 women's business center an opportunity 
     for a hearing, appeal, or other administrative proceeding 
     under chapter 5 of title 5, United States Code.'';
       (D) in subsection (m)--
       (i) in paragraph (2), by striking ``subsection (b) or (l)'' 
     and inserting ``this subsection or subsection (b)''; and
       (ii) in paragraph (4)(D), by striking ``or subsection 
     (l)''; and
       (E) by redesignating subsections (m) and (n), as amended by 
     this Act, as subsections (l) and (m), respectively.
       (2) Prospective repeal.--Section 1401(c)(2) of the Small 
     Business Jobs Act of 2010 (15 U.S.C. 636 note) is amended--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) by redesignating paragraph (6), as added by section 
     424(a)(3)(E) of the Women's Small Business Ownership Act of 
     2012, as paragraph (5).''.
       (c) Effect on Existing Grants.--
       (1) Terms and conditions.--A nonprofit organization 
     receiving a grant under section 29(m) of the Small Business 
     Act (15 U.S.C. 656(m)), as in effect on the day before the 
     date of enactment of this Act, shall continue to receive the 
     grant under the terms and conditions in effect for the grant 
     on the day before the date of enactment of this Act, except 
     that the nonprofit organization may not apply for a renewal 
     of the grant under section 29(m)(5) of the Small Business Act 
     (15 U.S.C. 656(m)(5)), as in effect on the day before the 
     date of enactment of this Act.
       (2) Length of renewal grant.--The Administrator may award a 
     grant under section 29(l) of the Small Business Act, as so 
     redesignated by subsection (b)(1)(E) of this section, to a 
     nonprofit organization receiving a grant under section 29(m) 
     of the Small Business Act (15 U.S.C. 656(m)), as in effect on 
     the day before the date of enactment of this Act, for the 
     period--
       (A) beginning on the day after the last day of the grant 
     agreement under such section 29(m); and
       (B) ending at the end of the third fiscal year beginning 
     after the date of enactment of this Act.

     SEC. 425. STUDY AND REPORT ON ECONOMIC ISSUES FACING WOMEN'S 
                   BUSINESS CENTERS.

       (a) Study.--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 in 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 containing the results of the study 
     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.

     SEC. 426. STUDY AND REPORT ON OVERSIGHT OF WOMEN'S BUSINESS 
                   CENTERS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of the oversight of women's business 
     centers by the Administrator, which shall include--
       (1) an analysis of the coordination by the Administrator of 
     the activities of women's business centers with the 
     activities of small business development centers, the Service 
     Corps of Retired Executives, and Veterans Business Outreach 
     Centers;
       (2) a comparison of the types of individuals and small 
     business concerns served by women's business centers and the 
     types of individuals and small business concerns served by 
     small business development centers, the Service Corps of 
     Retired Executives, and Veterans Business Outreach Centers; 
     and
       (3) an analysis of performance data for women's business 
     centers that evaluates how well women's business centers are 
     carrying out the mission of women's business centers and 
     serving individuals and small business concerns.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report containing the results of the study 
     under subsection (a), which shall include recommendations, if 
     any, for eliminating the duplication of services provided by 
     women's business centers, small business development centers, 
     the Service Corps of Retired Executives, and Veterans 
     Business Outreach Centers.

 Subtitle C--Strengthening America's Small Business Development Centers

     SEC. 431. INSTITUTIONS OF HIGHER EDUCATION.

       Section 21 of the Small Business Act (15 U.S.C. 648) is 
     amended--
       (1) in subsection (a)(1), by striking ``: Provided, That'' 
     and all that follows through ``on such date.'' and inserting 
     the following: ``. On and after December 31, 2013, the 
     Administrator 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).''; and
       (2) in subsection (c)(3)(K), by inserting ``public and 
     private institutions of higher education (including 
     universities, community colleges, and junior colleges),'' 
     before ``local and regional private consultants''.

     SEC. 432. UPDATING FUNDING LEVELS FOR SMALL BUSINESS 
                   DEVELOPMENT CENTERS.

       (a) Minimum Funding Levels.--Section 21(a)(4)(C) of the 
     Small Business Act (15 U.S.C. 648(a)(4)(C)) is amended--
       (1) in clause (iii)--
       (A) by striking ``$90,000,000'' each place that term 
     appears and inserting ``$98,500,000'';

[[Page S5397]]

       (B) by striking ``$81,500,000'' each place that term 
     appears and inserting ``$90,000,000''; and
       (C) by striking ``$500,000'' each place that term appears 
     and inserting ``$600,000'';
       (2) in clause (v)(II), by striking ``if the usage'' and all 
     that follows through the end of the subclause and inserting a 
     period; and
       (3) in clause (v), by striking subclause (I) and inserting 
     the following:

       ``(I) In general.--Of the amounts made available in any 
     fiscal year to carry out this section--

       ``(aa) not more than $50,000 may be used by the 
     Administration to pay the expenses enumerated in subparagraph 
     (B) of section 20(a)(1);
       ``(bb) not more than $500,000 may be used by the 
     Administration to pay the expenses enumerated in subparagraph 
     (C) of section 20(a)(1); and
       ``(cc) not more than $250,000 may be used by the 
     Administration to pay the expenses enumerated in subparagraph 
     (D) of section 20(a)(1).''.
       (b) Authorization of Appropriations.--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) $135,000,000 for fiscal year 2013;
       ``(II) $135,000,000 for fiscal year 2014; and
       ``(III) $135,000,000 for fiscal year 2015.''.

     SEC. 433. 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 under section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170), 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. 434. TERMINATION OF SMALL BUSINESS DEVELOPMENT CENTER 
                   DEFENSE ECONOMIC TRANSITION ASSISTANCE.

       (a) In General.--Section 21(c)(3) of the Small Business Act 
     (15 U.S.C. 648(c)(3)) is amended--
       (1) by striking subparagraph (G); and
       (2) by redesignating subparagraphs (H) through (T) as 
     subparagraphs (G) through (S), respectively.
       (b) Technical and Conforming Amendments.--Section 21(a) of 
     the Small Business Act (15 U.S.C. 648(a)) is amended--
       (1) in paragraph (4)(C)(vi), by striking ``or (c)(3)(G)''; 
     and
       (2) in paragraph (6), by striking ``subparagraphs (B) 
     through (G) of subsection (c)(3)'' and inserting 
     ``subparagraphs (B) through (F) of subsection (c)(3)''.
       (c) Existing Grants.--Nothing in this section shall affect 
     any grant made to a small business development center before 
     the date of enactment of this Act under section 21(c)(3)(G) 
     of the Small Business Act (15 U.S.C. 648(c)(3)(G)), as in 
     effect on the day before the date of enactment of this Act, 
     and any such grant shall be subject to such section 
     21(c)(3)(G), as in effect on the day before the date of 
     enactment of this Act.

     SEC. 435. 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--
       (A) by striking ``Succeeding Boards'' and inserting ``The 
     members of the Board''; and
       (B) by inserting ``not less than'' before ``one-third''.
       (b) Incumbents.--An individual serving as a member of the 
     National Small Business Development Center Advisory 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. 436. REPEAL OF PAUL D. COVERDELL DRUG-FREE WORKPLACE 
                   PROGRAM.

       Section 27 of the Small Business Act (15 U.S.C. 654) is 
     repealed.

  Subtitle D--Terminating the National Veterans Business Development 
                              Corporation

     SEC. 441. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.

       (a) In General.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended by striking section 33 (15 U.S.C. 657c).
       (b) Corporation.--On and after the date of enactment of 
     this Act, the National Veterans Business Development 
     Corporation and any successor thereto may not represent that 
     the corporation is federally chartered or in any other manner 
     authorized by the Federal Government.
       (c) Technical and Conforming Amendments.--
       (1) Small business act.--The Small Business Act (15 U.S.C. 
     631 et seq.), as amended by this section, is amended--
       (A) by redesignating sections 34 through 45 as sections 33 
     through 44, respectively;
       (B) in section 9(k)(1)(D) (15 U.S.C. 638(k)(1)(D)), by 
     striking ``section 34(d)'' and inserting ``section 33(d)'';
       (C) in section 33 (15 U.S.C. 657d), as so redesignated--
       (i) by striking ``section 35'' each place it appears and 
     inserting ``section 34'';
       (ii) in subsection (a)--

       (I) in paragraph (2), by striking ``section 35(c)(2)(B)'' 
     and inserting ``section 34(c)(2)(B)'';
       (II) in paragraph (4), by striking ``section 35(c)(2)'' and 
     inserting ``section 34(c)(2)''; and
       (III) in paragraph (5), by striking ``section 35(c)'' and 
     inserting ``section 34(c)''; and

       (iii) in subsection (h)(2), by striking ``section 35(d)'' 
     and inserting ``section 34(d)'';
       (D) in section 34 (15 U.S.C. 657e), as so redesignated--
       (i) by striking ``section 34'' each place it appears and 
     inserting ``section 33''; and
       (ii) in subsection (c)(1), by striking section 
     ``34(c)(1)(E)(ii)'' and inserting section 
     ``33(c)(1)(E)(ii)'';
       (E) in section 36(d) (15 U.S.C. 657i(d)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42'';
       (F) in section 39(d) (15 U.S.C. 657l(d)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42''; and
       (G) in section 40(b) (15 U.S.C. 657m(b)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42''.
       (2) Title 10.--Section 1142(b)(13) of title 10, United 
     States Code, is amended by striking ``and the National 
     Veterans Business Development Corporation''.
       (3) Title 38.--Section 3452(h) of title 38, United States 
     Code, is amended by striking ``any of the'' and all that 
     follows and inserting ``any small business development center 
     described in section 21 of the Small Business Act (15 U.S.C. 
     648), insofar as such center offers, sponsors, or cosponsors 
     an entrepreneurship course, as that term is defined in 
     section 3675(c)(2).''.
       (4) Food, conservation, and energy act of 2008.--Section 
     12072(c)(2) of the Food, Conservation, and Energy Act of 2008 
     (15 U.S.C. 636g(c)(2)) is amended by striking ``section 43 of 
     the Small Business Act, as added by this Act'' and inserting 
     ``section 42 of the Small Business Act (15 U.S.C. 657o)''.
       (5) Veterans entrepreneurship and small business 
     development act of 1999.--Section 203(c)(5) of the Veterans 
     Entrepreneurship and Small Business Development Act of 1999 
     (15 U.S.C. 657b note) is amended by striking ``In cooperation 
     with the National Veterans Business Development Corporation, 
     develop'' and inserting ``Develop''.

               TITLE V--ACCESS TO GOVERNMENT CONTRACTING

                           Subtitle A--Bonds

     SEC. 511. REMOVAL OF SUNSET DATES FOR CERTAIN PROVISIONS OF 
                   THE SMALL BUSINESS INVESTMENT ACT OF 1958.

       (a) Maximum Bond Amount.--Section 411(a)(1) of the Small 
     Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is 
     amended by striking ``does not exceed'' and all that follows 
     and inserting ``does not exceed $5,000,000.''.
       (b) Denial of Liability.--Section 411(e)(2) of the Small 
     Business Investment Act of 1958 (15 U.S.C. 694b(e)(2)) is 
     amended by striking ``bonds exceeds'' and all that follows 
     and inserting ``bonds exceeds $5,000,000,''.

        Subtitle B--Small Business Contracting Fraud Prevention

     SEC. 521. SHORT TITLE.

       This subtitle may be cited as the ``Small Business 
     Contracting Fraud Prevention Act of 2012''.

     SEC. 522. DEFINITIONS.

       In this subtitle--
       (1) the term ``8(a) program'' means the program under 
     section 8(a) of the Small Business Act (15 U.S.C. 637(a));
       (2) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (3) the terms ``HUBZone'' and ``HUBZone small business 
     concern'' and ``HUBZone map'' have the meanings given those 
     terms in section 3(p) of the Small Business Act (15 U.S.C. 
     632(p)), as amended by this Act; and
       (4) the term ``recertification'' means a determination by 
     the Administrator that a business concern that was previously 
     determined to be a qualified HUBZone small business concern 
     is a qualified HUBZone small business concern under section 
     3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)).

[[Page S5398]]

     SEC. 523. FRAUD DETERRENCE AT THE SMALL BUSINESS 
                   ADMINISTRATION.

       Section 16 of the Small Business Act (15 U.S.C. 645) is 
     amended--
       (1) in subsection (d)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Whoever'' and all that follows through ``oneself or 
     another'' and inserting the following: ``A person shall be 
     subject to the penalties and remedies described in paragraph 
     (2) if the person misrepresents the status of any concern or 
     person as a small business concern, a qualified HUBZone small 
     business concern, a small business concern owned and 
     controlled by socially and economically disadvantaged 
     individuals, a small business concern owned and controlled by 
     women, or a small business concern owned and controlled by 
     service-disabled veterans, in order to obtain for any 
     person'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) prime contract, subcontract, grant, or cooperative 
     agreement to be awarded under subsection (a) or (m) of 
     section 8, or section 9, 15, 31, or 35;'';
       (iii) by striking subparagraph (B);
       (iv) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively; and
       (v) in subparagraph (C), as so redesignated, by striking 
     ``, shall be'' and all that follows and inserting a period;
       (B) in paragraph (2)--
       (i) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (ii) by inserting after subparagraph (B) the following:
       ``(C) be subject to the civil remedies under subchapter III 
     of chapter 37 of title 31, United States Code (commonly known 
     as the `False Claims Act');''; and
       (C) by adding at the end the following:
       ``(3)(A) In the case of a violation of paragraph (1)(A) or 
     subsection (g) or (h), for purposes of a proceeding described 
     in subparagraph (A) or (C) of paragraph (2), the amount of 
     the loss to the Federal Government or the damages sustained 
     by the Federal Government, as applicable, shall be an amount 
     equal to the amount that the Federal Government paid to the 
     person that received a contract, grant, or cooperative 
     agreement described in paragraph (1)(A), (g), or (h), 
     respectively.
       ``(B) In the case of a violation of subparagraph (B) or (C) 
     of paragraph (1), for the purpose of a proceeding described 
     in subparagraph (A) or (C) of paragraph (2), the amount of 
     the loss to the Federal Government or the damages sustained 
     by the Federal Government, as applicable, shall be an amount 
     equal to the portion of any payment by the Federal Government 
     under a prime contract that was used for a subcontract 
     described in subparagraph (B) or (C) of paragraph (1), 
     respectively.
       ``(C) In a proceeding described in subparagraph (A) or (B), 
     no credit shall be applied against any loss or damages to the 
     Federal Government for the fair market value of the property 
     or services provided to the Federal Government.'';
       (2) by striking subsection (e) and inserting the following:
       ``(e) Any representation of the status of any concern or 
     person as a small business concern, a HUBZone small business 
     concern, a small business concern owned and controlled by 
     socially and economically disadvantaged individuals, a small 
     business concern owned and controlled by women, or a small 
     business concern owned and controlled by service-disabled 
     veterans, in order to obtain any prime contract, subcontract, 
     grant, or cooperative agreement described in subsection 
     (d)(1) shall be made in writing or through the Online 
     Representations and Certifications Application process 
     required under section 4.1201 of the Federal Acquisition 
     Regulation, or any successor thereto.''; and
       (3) by adding at the end the following:
       ``(g) A person shall be subject to the penalties and 
     remedies described in subsection (d)(2) if the person 
     misrepresents the status of any concern or person as a small 
     business concern, a qualified HUBZone small business concern, 
     a small business concern owned and controlled by socially and 
     economically disadvantaged individuals, a small business 
     concern owned and controlled by women, or a small business 
     concern owned and controlled by service-disabled veterans--
       ``(1) in order to allow any person to participate in any 
     program of the Administration; or
       ``(2) in relation to a protest of a contract award or 
     proposed contract award made under regulations issued by the 
     Administration.
       ``(h)(1) A person that submits a request for payment on a 
     contract or subcontract that is awarded under subsection (a) 
     or (m) of section 8, or section 9, 15, 31, or 35, shall be 
     deemed to have submitted a certification that the person 
     complied with regulations issued by the Administration 
     governing the percentage of work that the person is required 
     to perform on the contract or subcontract, unless the person 
     states, in writing, that the person did not comply with the 
     regulations.
       ``(2) A person shall be subject to the penalties and 
     remedies described in subsection (d)(2) if the person--
       ``(A) uses the services of a business other than the 
     business awarded the contract or subcontract to perform a 
     greater percentage of work under a contract than is permitted 
     by regulations issued by the Administration; or
       ``(B) willfully participates in a scheme to circumvent 
     regulations issued by the Administration governing the 
     percentage of work that a contractor is required to perform 
     on a contract.''.

     SEC. 524. VETERANS INTEGRITY IN CONTRACTING.

       (a) Definition.--Section 3(q)(1) of the Small Business Act 
     (15 U.S.C. 632(q)(1)) is amended by striking ``means a 
     veteran'' and all that follows and inserting the following: 
     ``means--
       ``(A) a veteran with a service-connected disability rated 
     by the Secretary of Veterans Affairs as zero percent or more 
     disabling; or
       ``(B) a former member of the Armed Forces who is retired, 
     separated, or placed on the temporary disability retired list 
     for physical disability under chapter 61 of title 10, United 
     States Code.''.
       (b) Veterans Contracting.--Section 4 of the Small Business 
     Act (15 U.S.C. 633), as amended by this Act, is amended by 
     adding at the end the following:
       ``(i) Veteran Status.--
       ``(1) In general.--A business concern seeking status as a 
     small business concern owned and controlled by service-
     disabled veterans shall--
       ``(A) submit an annual certification indicating that the 
     business concern is a small business concern owned and 
     controlled by service-disabled veterans by means of the 
     Online Representations and Certifications Application process 
     required under section 4.1201 of the Federal Acquisition 
     Regulation, or any successor thereto; and
       ``(B) register with--
       ``(i) the Central Contractor Registration database 
     maintained under subpart 4.11 of the Federal Acquisition 
     Regulation, or any successor thereto; and
       ``(ii) the VetBiz database of the Department of Veterans 
     Affairs, or any successor thereto.
       ``(2) Verification of status.--
       ``(A) Veterans affairs.--The Secretary of Veterans Affairs 
     shall determine whether a business concern registered with 
     the VetBiz database of the Department of Veterans Affairs, or 
     any successor thereto, as a small business concern owned and 
     controlled by veterans or a small business concern owned and 
     controlled by service-disabled veterans is owned and 
     controlled by a veteran or a service-disabled veteran, as the 
     case may be.
       ``(B) Federal agencies generally.--The head of each Federal 
     agency shall--
       ``(i) for a sole source contract awarded to a small 
     business concern owned and controlled by service-disabled 
     veterans or a contract awarded with competition restricted to 
     small business concerns owned and controlled by service-
     disabled veterans under section 35, determine whether a 
     business concern submitting a proposal for the contract is a 
     small business concern owned and controlled by service-
     disabled veterans; and
       ``(ii) use the VetBiz database of the Department of 
     Veterans Affairs, or any successor thereto, in determining 
     whether a business concern is a small business concern owned 
     and controlled by service-disabled veterans.
       ``(3) Debarment and suspension.--If the Administrator 
     determines that a business concern knowingly and willfully 
     misrepresented that the business concern is a small business 
     concern owned and controlled by service-disabled veterans, 
     the Administrator may debar or suspend the business concern 
     from contracting with the United States.''.
       (c) Integration of Databases.--The Administrator for 
     Federal Procurement Policy and the Secretary of Veterans 
     Affairs shall ensure that data is shared on an ongoing basis 
     between the VetBiz database of the Department of Veterans 
     Affairs and the Central Contractor Registration database 
     maintained under subpart 4.11 of the Federal Acquisition 
     Regulation.
       (d) Effective Date.--
       (1) In general.--The amendment made by subsection (b) and 
     the requirements under subsection (c) shall take effect on 
     the date on which the Secretary of Veterans Affairs (referred 
     to in this subsection as the ``Secretary'') publishes in the 
     Federal Register a determination that the Department of 
     Veterans Affairs has the necessary resources and capacity to 
     carry out the additional responsibility of determining 
     whether small business concerns registered with the VetBiz 
     database of the Department of Veterans Affairs are owned and 
     controlled by a veteran or a service-disabled veteran, as the 
     case may be, in accordance with subsection (i) of section 4 
     of the Small Business Act (15 U.S.C. 633), as added by 
     subsection (b).
       (2) Timeline.--If the Secretary determines that the 
     Secretary is not able to publish the determination under 
     paragraph (1) before the date that is 1 year after the date 
     of enactment of this Act, the Secretary shall, not later than 
     1 year after the date of enactment of this Act, submit a 
     report containing an estimate of the date on which the 
     Secretary will publish the determination under paragraph (1) 
     to the Committee on Small Business and Entrepreneurship and 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Small Business and the Committee on Veterans' 
     Affairs of the House of Representatives.

     SEC. 525. SECTION 8(A) PROGRAM IMPROVEMENTS.

       (a) Review of Effectiveness.--Section 8(a) of the Small 
     Business Act (15 U.S.C. 637(a)) is amended by adding at the 
     end the following:

[[Page S5399]]

       ``(22) Not later than 3 years after the date of enactment 
     of this paragraph, and every 3 years thereafter, the 
     Comptroller General of the United States shall--
       ``(A) conduct an evaluation of the effectiveness of the 
     program under this subsection, including an examination of--
       ``(i) the number and size of contracts applied for, as 
     compared to the number received by, small business concerns 
     after successfully completing the program;
       ``(ii) the percentage of small business concerns that 
     continue to operate during the 3-year period beginning on the 
     date on which the small business concerns successfully 
     complete the program;
       ``(iii) whether the business of small business concerns 
     increases during the 3-year period beginning on the date on 
     which the small business concerns successfully complete the 
     program; and
       ``(iv) the number of training sessions offered under the 
     program; and
       ``(B) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report regarding 
     each evaluation under subparagraph (A).''.
       (b) Other Improvements.--In order to improve the 8(a) 
     program, the Administrator shall--
       (1) not later than 90 days after the date of enactment of 
     this Act, begin to--
       (A) evaluate the feasibility of--
       (i) using additional third-party data sources;
       (ii) making unannounced visits of sites that are selected 
     randomly or using risk-based criteria;
       (iii) using fraud detection tools, including data-mining 
     techniques; and
       (iv) conducting financial and analytical training for the 
     business opportunity specialists of the Administration;
       (B) evaluate the feasibility and advisability of amending 
     regulations applicable to the 8(a) program to require that 
     calculations of the adjusted net worth or total assets of an 
     individual include assets held by the spouse of the 
     individual; and
       (C) develop a more consistent enforcement strategy that 
     includes the suspension or debarment of contractors that 
     knowingly make misrepresentations in order to qualify for the 
     8(a) program; and
       (2) not later than 1 year after the date on which the 
     Comptroller General submits the report under section 
     8(a)(22)(B) of the Small Business Act, as added by subsection 
     (c), issue, in final form, proposed regulations of the 
     Administration that--
       (A) determine the economic disadvantage of a participant in 
     the 8(a) program based on the income and asset levels of the 
     participant at the time of application and annual 
     recertification for the 8(a) program; and
       (B) limit the ability of a small business concern to 
     participate in the 8(a) program if an immediate family member 
     of an owner of the small business concern is, or has been, a 
     participant in the 8(a) program, in the same industry.

     SEC. 526. HUBZONE IMPROVEMENTS.

       (a) Purpose.--The purpose of this section is to reform and 
     improve the HUBZone program of the Administration.
       (b) In General.--The Administrator shall--
       (1) ensure the HUBZone map is--
       (A) accurate and up-to-date; and
       (B) revised as new data is made available to maintain the 
     accuracy and currency of the HUBZone map;
       (2) implement policies for ensuring that only HUBZone small 
     business concerns determined to be qualified under section 
     3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) are 
     participating in the HUBZone program, including through the 
     appropriate use of technology to control costs and maximize, 
     among other benefits, uniformity, completeness, simplicity, 
     and efficiency;
       (3) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report regarding 
     any application to be designated as a HUBZone small business 
     concern or for recertification for which the Administrator 
     has not made a determination as of the date that is 60 days 
     after the date on which the application was submitted or 
     initiated, which shall include a plan and timetable for 
     ensuring the timely processing of the applications; and
       (4) develop measures and implement plans to assess the 
     effectiveness of the HUBZone program that--
       (A) require the identification of a baseline point in time 
     to allow the assessment of economic development under the 
     HUBZone program, including creating additional jobs; and
       (B) take into account--
       (i) the economic characteristics of the HUBZone; and
       (ii) contracts being counted under multiple socioeconomic 
     subcategories.
       (c) Employment Percentage.--Section 3(p) of the Small 
     Business Act (15 U.S.C. 632(p)) is amended--
       (1) in paragraph (5), by adding at the end the following:
       ``(E) Employment percentage during interim period.--
       ``(i) Definition.--In this subparagraph, the term `interim 
     period' means the period beginning on the date on which the 
     Administrator determines that a HUBZone small business 
     concern is qualified under subparagraph (A) and ending on the 
     day before the date on which a contract under the HUBZone 
     program for which the HUBZone small business concern submits 
     a bid is awarded.
       ``(ii) Interim period.--During the interim period, the 
     Administrator may not determine that the HUBZone small 
     business is not qualified under subparagraph (A) based on a 
     failure to meet the applicable employment percentage under 
     subparagraph (A)(i)(I), unless the HUBZone small business 
     concern--

       ``(I) has not attempted to maintain the applicable 
     employment percentage under subparagraph (A)(i)(I); or
       ``(II) does not meet the applicable employment percentage--

       ``(aa) on the date on which the HUBZone small business 
     concern submits a bid for a contract under the HUBZone 
     program; or
       ``(bb) on the date on which the HUBZone small business 
     concern is awarded a contract under the HUBZone program.''; 
     and
       (2) by adding at the end the following:
       ``(8) Hubzone program.--The term `HUBZone program' means 
     the program established under section 31.
       ``(9) Hubzone map.--The term `HUBZone map' means the map 
     used by the Administration to identify HUBZones.''.
       (d) Redesignated Areas.--Section 3(p)(4)(C)(i) of the Small 
     Business Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to read 
     as follows:
       ``(i) 3 years after the first date on which the 
     Administrator publishes a HUBZone map that is based on the 
     results from the 2010 decennial census; or''.

     SEC. 527. ANNUAL REPORT ON SUSPENSION, DEBARMENT, AND 
                   PROSECUTION.

       The Administrator shall submit an annual report to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives that contains--
       (1) the number of debarments from participation in programs 
     of the Administration issued by the Administrator during the 
     1-year period preceding the date of the report, including--
       (A) the number of debarments that were based on a 
     conviction; and
       (B) the number of debarments that were fact-based and did 
     not involve a conviction;
       (2) the number of suspensions from participation in 
     programs of the Administration issued by the Administrator 
     during the 1-year period preceding the date of the report, 
     including--
       (A) the number of suspensions issued that were based upon 
     indictments; and
       (B) the number of suspensions issued that were fact-based 
     and did not involve an indictment;
       (3) the number of suspension and debarments issued by the 
     Administrator during the 1-year period preceding the date of 
     the report that were based upon referrals from offices of the 
     Administration, other than the Office of Inspector General;
       (4) the number of suspension and debarments issued by the 
     Administrator during the 1-year period preceding the date of 
     the report based upon referrals from the Office of Inspector 
     General; and
       (5) the number of persons that the Administrator declined 
     to debar or suspend after a referral described in paragraph 
     (8), and the reason for each such decision.

     Subtitle C--Fairness in Women-Owned Small Business Contracting

     SEC. 531. SHORT TITLE.

       This subtitle may be cited as the ``Fairness in Women-Owned 
     Small Business Contracting Act of 2012''.

     SEC. 532. PROCUREMENT PROGRAM FOR WOMEN-OWNED SMALL BUSINESS 
                   CONCERNS.

       Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) 
     is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``who are economically 
     disadvantaged'';
       (B) in subparagraph (C), by striking ``paragraph (3)'' and 
     inserting ``paragraph (4)'';
       (C) by striking subparagraph (D); and
       (D) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (D) and (E), respectively; and
       (2) by adding at the end the following:
       ``(7) Sole source contracts.--A contracting officer may 
     award a sole source contract under this subsection to a small 
     business concern owned and controlled by women under the same 
     conditions as a sole source contract may be awarded to a 
     qualified HUBZone small business concern under section 
     31(b)(2)(A).''.

     SEC. 533. STUDY AND REPORT ON REPRESENTATION OF WOMEN.

       Section 29 of the Small Business Act (15 U.S.C. 656), as 
     amended by section 424 of this Act, is amended by adding at 
     the end the following:
       ``(n) Study and Report on Representation of Women.--
       ``(1) Study.--The Administrator shall periodically conduct 
     a study to identify any United States industry, as defined 
     under the North American Industry Classification System, in 
     which women are underrepresented.
       ``(2) Report.--Not later than 5 years after the date of 
     enactment of this subsection, and every 5 years thereafter, 
     the Administrator shall submit to the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives a report on 
     the results of each study under paragraph (1) conducted 
     during the 5-year period ending on the date of the report.''.

                  Subtitle D--Small Business Champion

     SEC. 541. SHORT TITLE.

       This subtitle may be cited as the ``Small Business Champion 
     Act of 2012''.

[[Page S5400]]

     SEC. 542. OFFICES OF SMALL AND DISADVANTAGED BUSINESS 
                   UTILIZATION.

       (a) Appointment and Position of Director.--Section 15(k)(2) 
     of the Small Business Act (15 U.S.C. 644(k)(2)) is amended by 
     striking ``such agency,'' and inserting ``such agency to a 
     position that is a Senior Executive Service position (as such 
     term is defined under section 3132(a) of title 5, United 
     States Code), except that, for any agency in which the 
     positions of Chief Acquisition Officer and senior procurement 
     executive (as such terms are defined under section 43(a) of 
     this Act) are not Senior Executive Service positions, the 
     Director of Small and Disadvantaged Business Utilization may 
     be appointed to a position compensated at not less than the 
     minimum rate of basic pay payable for grade GS-15 of the 
     General Schedule under section 5332 of such title (including 
     comparability payments under section 5304 of such title);''.
       (b) Performance Appraisals.--Section 15(k)(3) of the Small 
     Business Act (15 U.S.C. 644(k)(3)) is amended--
       (1) by striking ``be responsible only to, and report 
     directly to, the head'' and inserting ``shall be responsible 
     only to (including with respect to performance appraisals), 
     and report directly and exclusively to, the head''; and
       (2) by striking ``be responsible only to, and report 
     directly to, such Secretary'' and inserting ``be responsible 
     only to (including with respect to performance appraisals), 
     and report directly and exclusively to, such Secretary''.
       (c) Small Business Technical Advisers.--Section 15(k)(8)(B) 
     of the Small Business Act (15 U.S.C. 644(k)(8)(B)) is amended 
     by striking ``and 15 of this Act,'' and inserting ``, 15, and 
     43 of this Act;''.
       (d) Additional Requirements.--Section 15(k) of the Small 
     Business Act (15 U.S.C. 644(k)) is amended by inserting after 
     paragraph (10) the following:
       ``(11) shall review and advise such agency on any decision 
     to convert an activity performed by a small business concern 
     to an activity performed by a Federal employee;
       ``(12) shall provide to the Chief Acquisition Officer and 
     senior procurement executive of such agency advice and 
     comments on acquisition strategies, market research, and 
     justifications related to section 43 of this Act;
       ``(13) may provide training to small business concerns and 
     contract specialists, except that such training may only be 
     provided to the extent that the training does not interfere 
     with the Director carrying out other responsibilities under 
     this subsection;
       ``(14) shall carry out exclusively the duties enumerated in 
     this Act, and shall, while the Director, not hold any other 
     title, position, or responsibility, except as necessary to 
     carry out responsibilities under this subsection;
       ``(15) shall submit, each fiscal year, to the Committee on 
     Small Business of the House of Representatives and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate a report describing--
       ``(A) the training provided by the Director under paragraph 
     (13) in the most recently completed fiscal year;
       ``(B) the percentage of the budget of the Director used for 
     such training in the most recently completed fiscal year; and
       ``(C) the percentage of the budget of the Director used for 
     travel in the most recently completed fiscal year; and
       ``(16) shall have not less than 10 years of relevant 
     procurement experience.''.
       (e) Technical Amendments.--Section 15(k) of the Small 
     Business Act (15 U.S.C. 644(k)), as amended by subsection 
     (d), is further amended--
       (1) in the matter preceding paragraph (1) by striking ``who 
     shall'' and inserting ``who'';
       (2) in paragraph (1)--
       (A) by striking ``be known'' and inserting ``shall be 
     known''; and
       (B) by striking ``such agency,'' and inserting ``such 
     agency;'';
       (3) in paragraph (2) by striking ``be appointed by'' and 
     inserting ``shall be appointed by'';
       (4) in paragraph (3)--
       (A) by striking ``director'' and inserting ``Director''; 
     and
       (B) by striking ``Secretary's designee,'' and inserting 
     ``Secretary's designee;'';
       (5) in paragraph (4)--
       (A) by striking ``be responsible'' and inserting ``shall be 
     responsible''; and
       (B) by striking ``such agency,'' and inserting ``such 
     agency;'';
       (6) in paragraph (5) by striking ``identify proposed'' and 
     inserting ``shall identify proposed'';
       (7) in paragraph (6) by striking ``assist small'' and 
     inserting ``shall assist small'';
       (8) in paragraph (7)--
       (A) by striking ``have supervisory'' and inserting ``shall 
     have supervisory''; and
       (B) by striking ``this Act,'' and inserting ``this Act;'';
       (9) in paragraph (8)--
       (A) by striking ``assign a'' and inserting ``shall assign 
     a''; and
       (B) by striking ``the activity, and'' and inserting ``the 
     activity; and'';
       (10) in paragraph (9)--
       (A) by striking ``cooperate, and'' and inserting ``shall 
     cooperate, and''; and
       (B) by striking ``subsection, and'' and inserting 
     ``subsection;''; and
       (11) in paragraph (10)--
       (A) by striking ``make recommendations'' and inserting 
     ``shall make recommendations'';
       (B) by striking ``subsection (a), or section'' and 
     inserting ``subsection (a), section'';
       (C) by striking ``Act or section 2323'' and inserting 
     ``Act, or section 2323'';
       (D) by striking ``Code. Such recommendations shall'' and 
     inserting ``Code, which shall''; and
       (E) by striking ``contract file.'' and inserting ``contract 
     file;''.

     SEC. 543. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL.

       (a) Duties.--Section 7104(b) of the Federal Acquisition 
     Streamlining Act of 1994 (15 U.S.C. 644 note) is amended--
       (1) in paragraph (1) by striking ``and'' at the end;
       (2) in paragraph (2) by striking ``authorities.'' and 
     inserting ``authorities;''; and
       (3) by adding at the end the following:
       ``(3) to conduct reviews of each Office of Small and 
     Disadvantaged Business Utilization established under section 
     15(k) of the Small Business Act (15 U.S.C. 644(k)) to 
     determine the compliance of each Office with requirements 
     under such section;
       ``(4) to identify best practices for maximizing small 
     business utilization in Federal contracting that may be 
     implemented by Federal agencies having procurement powers; 
     and
       ``(5) to submit, annually, to the Committee on Small 
     Business of the House of Representatives and the Committee on 
     Small Business and Entrepreneurship of the Senate a report 
     describing--
       ``(A) the comments submitted under paragraph (2) during the 
     1-year period ending on the date on which the report is 
     submitted, including any outcomes related to the comments;
       ``(B) the results of reviews conducted under paragraph (3) 
     during such 1-year period; and
       ``(C) best practices identified under paragraph (4) during 
     such 1-year period.''.
       (b) Membership.--Section 7104(c) of the Federal Acquisition 
     Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by 
     striking ``(established under section 15(k) of the Small 
     Business Act (15 U.S.C. 644(k))''.
       (c) Chairman.--Section 7104(d) of the Federal Acquisition 
     Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by 
     inserting after ``Small Business Administration'' the 
     following: ``(or the designee of the Administrator)''.

       TITLE VI--TRANSPARENCY, ACCOUNTABILITY, AND EFFECTIVENESS

             Subtitle A--Small Business Common Application

     SEC. 611. DEFINITIONS.

       In this subtitle--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``Executive agency'' has the meaning given 
     that term under section 105 of title 5, United States Code;
       (3) the term ``Executive Committee'' means the Executive 
     Committee on a Small Business Common Application established 
     under section 613(a);
       (4) the term ``small business concern'' has the meaning 
     given that term under section 3 of the Small Business Act (15 
     U.S.C. 632);

     SEC. 612. SENSE OF CONGRESS.

       It is the sense of Congress that Executive agencies 
     should--
       (1) reduce paperwork burdens on small business concerns 
     pursuant to section 3501 of title 44, United States Code;
       (2) maximize the ability of small business concerns to use 
     common applications, where practicable, and use consolidated 
     web portals to interact with Executive agencies;
       (3) maintain high standards for data privacy and security;
       (4) increase the degree and ease of information sharing and 
     coordination among programs serving small business concerns 
     that are carried out by Executive agencies, including State 
     and local offices of Executive agencies; and
       (5) minimize redundancy in the administration of programs 
     that can utilize common applications, where practicable, and 
     consolidated web portals.

     SEC. 613. EXECUTIVE COMMITTEE ON A SMALL BUSINESS COMMON 
                   APPLICATION.

       (a) Establishment.--There is established in the 
     Administration an Executive Committee on a Small Business 
     Common Application, which shall make recommendations 
     regarding the establishment, if practicable, of a small 
     business common application and web portal.
       (b) Membership.--
       (1) In general.--The members of the Executive Committee 
     shall consist of--
       (A) the Administrator;
       (B) the Assistant Secretary of Commerce for Economic 
     Development; and
       (C) 1 senior officer or employee having policy and 
     technical expertise appointed by each of--
       (i) the Administrator of the General Services 
     Administration;
       (ii) the Director of the National Institutes of Health;
       (iii) the Director of the National Science Foundation;
       (iv) the President of the Export-Import Bank;
       (v) the Secretary of Agriculture;
       (vi) the Secretary of Defense;
       (vii) the Secretary of Health and Human Services;
       (viii) the Secretary of Labor;
       (ix) the Secretary of State;
       (x) the Secretary of the Treasury; and
       (xi) the Secretary of Veterans Affairs.
       (2) Chairperson.--The Administrator shall serve as 
     chairperson of the Executive Committee.

[[Page S5401]]

       (3) Period of appointment.--Members of the Executive 
     Committee shall be appointed for a term of 1 year.
       (4) Vacancies.--A vacancy in the Executive Committee shall 
     be filled in the same manner as the original appointment, not 
     later than 30 days after the date on which the vacancy 
     occurs.
       (c) Meetings.--
       (1) In general.--The Executive Committee shall meet at the 
     call of the chairperson of the Executive Committee.
       (2) Quorum.--A majority of the members of the Executive 
     Committee shall constitute a quorum.
       (3) First meeting.--The first meeting of the Executive 
     Committee shall take place not later than 30 days after the 
     date of enactment of this subtitle.
       (4) Public meeting.--The Executive Committee shall hold at 
     least 1 public meeting before the date described in 
     subsection (d)(1) to receive comments from small business 
     concerns and other interested parties.
       (d) Duties.--
       (1) Recommendations.--Not later than 270 days after the 
     date of enactment of this Act, upon a vote of the majority of 
     members of the Executive Committee then serving, the 
     Executive Committee shall submit to the Administrator 
     recommendations relating to the feasibility of establishing a 
     small business common application and web portal in order to 
     meet the goals described in section 612.
       (2) Transmission to executive agencies.--The Executive 
     Committee shall transmit to each Executive agency a complete 
     copy of the recommendations submitted under paragraph (1).
       (3) Transmission to congress.--The Executive Committee 
     shall transmit to each relevant committee of Congress a 
     complete copy of the recommendations submitted under 
     paragraph (1).
       (4) Recommendations by executive agencies.--Not later than 
     30 days after the date on which the Executive Committee 
     transmits recommendations to the Executive agency under 
     paragraph (2), each Executive agency that provides Federal 
     assistance to small business concerns shall submit to 
     Congress recommendations, if any, for legislative changes 
     necessary for the Executive agency to carry out the 
     recommendations under paragraph (1).
       (e) Personnel Matters.--
       (1) Compensation of members.--The members of the Executive 
     Committee shall serve without compensation in addition to 
     that received for their services as officers or employees of 
     the United States.
       (2) Detail of employees.--The Administrator may detail to 
     the Executive Committee any employee of the Economic 
     Development Administration, and such detail shall be without 
     interruption or loss of civil service status or privilege.
       (f) Federal Advisory Committee Act.--Section 14 of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply with respect to the Executive Committee.

     SEC. 614. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the 
     Administrator such sums as may be necessary to carry out this 
     subtitle.

          Subtitle B--Government Accountability Office Review

     SEC. 621. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States 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 that evaluates the 
     status of the programs authorized under this Act and the 
     amendments made by this Act, including the extent to which 
     such programs have been funded and implemented and have 
     contributed to promoting job creation among small business 
     concerns.

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