[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[Senate]
[Pages 8852-8860]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

  By Mr. FRANKEN (for himself, Ms. Miklulski, Mr. Merkley, Mrs. 
Gillibrand, Mr. Kerry, Mr. Harkin, Mr. Casey, Mrs. Murray, Mr. 
Bingaman, Mr. Feingold, Mr. Cardin, Mr. Sanders, Ms. Cantwell, Mr. 
Brown of Ohio, Mr. Dodd, Mr. Begich, Mr. Durbin, Mr. Lautenberg, Mr. 
Leahy, Mr. Menendez, Mr. Whitehouse, Mr. Wyden, Mr. Akaka, and Ms. 
Klobuchar):
  S. 3390. A bill to end the discrimination based on actual or 
perceived sexual orientation or gender identity in public schools, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. FRANKEN. Mr. President, all men are created equal. Our Nation's 
greatest leaders, like Thomas Jefferson, Susan B. Anthony, and Martin 
Luther King, Jr. have shaped the course of our history by furthering 
our understanding of this principle. It is because of their struggle to 
illuminate it that we now live under a system of laws that provides 
equal protection to Americans, regardless of their race, gender, or 
religion. It is because of their chutzpah that I, a Jew, can stand 
before you today as a United States Senator.
  But there is one group for whom our realization of that principle has 
not advanced quickly enough. Gay Americans continue to be treated as 
second-class citizens in our society and under our laws. Nowhere is the 
unequal treatment of gay Americans more destructive than in our 
nation's public schools.
  Currently, Federal law provides no explicit protection to gay 
students against discrimination and harassment. While Federal civil 
rights statutes prohibit discrimination and harassment against students 
based on race, sex, religion, and national origin, these laws do not 
explicitly address sexual orientation or gender identity.
  To remedy this injustice, I and 22 of my Senate colleagues are 
introducing the Student Non-Discrimination Act today. This legislation 
will prohibit schools from discriminating against or ignoring the 
harassment of students based on their sexual orientation or gender 
identity. The bill would also provide meaningful remedies for such 
discrimination, modeled on Title IX.
  These protections are sorely needed. Let me tell you a sad fact--
nearly nine out of ten LGBT students are harassed in school. This 
harassment deprives them of an equal education. Rochelle, a gay high 
school student from California who was harassed in school, explains why 
with a simple question. She asks, ``How was I supposed to learn when I 
was constantly scared?'' For students like Rochelle, school is not a 
place to learn. Rather it is a place to be bullied, beaten down, and 
humiliated. It is no wonder that gay students who are harassed in 
school are more likely to skip school, underachieve, and eventually 
drop out.
  In its worst form, the harassment of LGBT students can lead to life-
threatening violence and suicide. We have

[[Page 8853]]

 seen this in all too many high-profile cases in recent years, such as 
that of Carl Walker Hoover, an 11-year-old boy from Massachusetts who 
hung himself last April. Before he committed suicide, Carl was taunted 
by his classmates on a daily basis for allegedly being gay despite his 
mother's weekly pleas to his school to address the problem. Carl's 
death came only about a year after Lawrence King, an eighth grader in 
California, was shot and killed by a classmate for allegedly being gay.
  To be clear, it is not simply students who are to blame for the 
harassment of their gay classmates. Students who harass their gay peers 
have often internalized the anti-gay bias of the adults around them. 
Sometimes their bullying is even condoned by adults at school--through 
the silence of school staff who witness the bullying or through their 
encouragement of the behavior.
  This was certainly the case for Alex, a 16-year-old boy from Anoka, 
MN, whose teachers mocked him in front of his classmates for allegedly 
being gay. When Alex mentioned Benjamin Franklin in a paper, his social 
studies teacher taunted him for ``having a thing for older men.'' A 
second teacher who taught a course on law enforcement volunteered Alex 
for a student fashion show, joking that Alex ``loves to dress in 
women's clothes.'' Alex's peers soon caught on to the joke, and began 
taunting him too. The harassment grew so severe that Alex eventually 
switched schools.
  Because Alex lives in Minnesota--one of 14 States that prohibit 
discrimination based on sexual orientation in school--Alex and his 
family were able to hold his school district accountable. They filed a 
complaint with the Minnesota Department of Human Rights. After the 
Department found that Alex had been subjected to ``severe and 
pervasive'' harassment, the school district settled the case. The 
district provided Alex and his family financial compensation, and 
adopted new rules to prevent the harassment of LGBT students.
  Minnesota's law is effective not only because it holds school 
districts accountable for discrimination, but also because it provides 
a powerful incentive for districts to adopt policies to prevent 
discrimination from occurring in the first place.
  It is time that we extend the equal rights afforded to Minnesota 
students to students all across the country. No student should be 
subjected to the ridicule and physical violence that LGBT students so 
often experience in school. I urge my colleagues to join me today in 
supporting the Student Non-Discrimination Act. It is time we demanded 
equal treatment for all of our children under the law.
  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. 3390

       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 ``Student Nondiscrimination 
     Act of 2010''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) Public school students who are lesbian, gay, bisexual, 
     or transgender (referred to in this Act as ``LGBT''), or are 
     perceived to be LGBT, or who associate with LGBT people, have 
     been and are subjected to pervasive discrimination, including 
     harassment, bullying, intimidation, and violence, and have 
     been deprived of equal educational opportunities, in schools 
     in every part of the Nation.
       (2) While discrimination, including harassment, bullying, 
     intimidation, and violence, of any kind is harmful to 
     students and to the education system, actions that target 
     students based on sexual orientation or gender identity 
     represent a distinct and especially severe problem.
       (3) Numerous social science studies demonstrate that 
     discrimination, including harassment, bullying, intimidation, 
     and violence, at school has contributed to high rates of 
     absenteeism, dropping out, adverse health consequences, and 
     academic underachievement, among LGBT youth.
       (4) When left unchecked, discrimination, including 
     harassment, bullying, intimidation, and violence, in schools 
     based on sexual orientation or gender identity can lead, and 
     has led, to life-threatening violence and to suicide.
       (5) Public school students enjoy a variety of 
     constitutional rights, including rights to equal protection, 
     privacy, and free expression, which are infringed when school 
     officials engage in or are indifferent to discrimination, 
     including harassment, bullying, intimidation, and violence, 
     on the basis of sexual orientation or gender identity.
       (6) While Federal statutory provisions expressly address 
     discrimination on the basis of race, color, sex, religion, 
     disability, and national origin, Federal civil rights 
     statutes do not expressly address   discrimination on the 
     basis of sexual orientation or gender identity. As a result, 
     students and parents have often had limited recourse to law 
     for remedies for discrimination on the basis of sexual 
     orientation or gender identity.
       (b) Purposes.--The purposes of this Act are--
       (1) to ensure that all students have access to public 
     education in a safe environment free from discrimination, 
     including harassment, bullying, intimidation, and violence, 
     on the basis of sexual orientation or gender identity;
       (2) to provide a comprehensive Federal prohibition of 
     discrimination in public schools based on actual or perceived 
     sexual orientation or gender identity;
       (3) to provide meaningful and effective remedies for 
     discrimination in public schools based on actual or perceived 
     sexual orientation or gender identity; and
       (4) to invoke congressional powers, including the power to 
     enforce the 14th amendment to the Constitution and to provide 
     for the general welfare pursuant to section 8 of article I of 
     the Constitution and the power to make all laws necessary and 
     proper for the execution of the foregoing powers pursuant to 
     section 8 of article I of the Constitution, in order to 
     prohibit discrimination in public schools on the basis of 
     sexual orientation or gender identity.

     SEC. 3. DEFINITIONS AND RULE.

       (a) Definitions.--For purposes of this Act:
       (1) Educational agency.--The term ``educational agency'' 
     means a local educational agency, an educational service 
     agency, and a State educational agency, as those terms are 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Gender identity.--The term ``gender identity'' means 
     the gender-related identity, appearance, or mannerisms or 
     other gender-related characteristics of an individual, with 
     or without regard to the individual's designated sex at 
     birth.
       (3) Harassment.--The term ``harassment'' means conduct that 
     is sufficiently severe, persistent, or pervasive to limit a 
     student's ability to participate in or benefit from a program 
     or activity of a public school or educational agency, or to 
     create a hostile or abusive educational environment at a 
     program or activity of a public school or educational agency, 
     including acts of verbal, nonverbal, or physical aggression, 
     intimidation, or hostility, if such conduct is based on--
       (A) a student's actual or perceived sexual orientation or 
     gender identity; or
       (B) the actual or perceived sexual orientation or gender 
     identity of a person with whom a student associates or has 
     associated.
       (4) Program or activity.--The terms ``program or activity'' 
     and ``program'' have the same meanings given such terms as 
     applied under section 606 of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d-4a) to the operations of public entities under 
     paragraph (2)(B) of such section.
       (5) Public school.--The term ``public school'' means an 
     elementary school (as the term is defined in section 9101 of 
     the Elementary and Secondary Education Act of 1965) that is a 
     public institution, and a secondary school (as so defined) 
     that is a public institution.
       (6) Sexual orientation.--The term ``sexual orientation'' 
     means homosexuality, heterosexuality, or bisexuality.
       (7) Student.--The term ``student'' means an individual who 
     is enrolled in a public school or who, regardless of official 
     enrollment status, attends classes or participates in the 
     programs or activities of a public school or educational 
     agency.
       (b) Rule.--Consistent with Federal law, in this Act the 
     term ``includes'' means ``includes but is not limited to''.

     SEC. 4. PROHIBITION AGAINST DISCRIMINATION.

       (a) In General.--No student shall, on the basis of actual 
     or perceived sexual orientation or gender identity of such 
     individual or of a person with whom the student associates or 
     has associated, be excluded from participation in, be denied 
     the benefits of, or be subjected to discrimination under any 
     program or activity receiving Federal financial assistance.
       (b) Harassment.--For purposes of this Act, discrimination 
     includes harassment of a student on the basis of actual or 
     perceived sexual orientation or gender identity of such 
     student or of a person with whom the student associates or 
     has associated.
       (c) Retaliation Prohibited.--
       (1) Prohibition.--No person shall be excluded from 
     participation in, be denied the benefits of, or be subjected 
     to discrimination, retaliation, or reprisal under any program 
     or activity receiving Federal financial

[[Page 8854]]

     assistance based on the person's opposition to conduct made 
     unlawful by this Act.
       (2) Definition.--For purposes of this subsection, 
     ``opposition to conduct made unlawful by this Act'' 
     includes--
       (A) opposition to conduct reasonably believed to be made 
     unlawful by this Act;
       (B) any formal or informal report, whether oral or written, 
     to any governmental entity, including public schools and 
     educational agencies and employees of the public schools or 
     educational agencies, regarding conduct made unlawful by this 
     Act or reasonably believed to be made unlawful by this Act;
       (C) participation in any investigation, proceeding, or 
     hearing related to conduct made unlawful by this Act or 
     reasonably believed to be made unlawful by this Act; and
       (D) assistance or encouragement provided to any other 
     person in the exercise or enjoyment of any right granted or 
     protected by this Act,

     if in the course of that expression, the person involved does 
     not purposefully provide information known to be false to any 
     public school or educational agency or other governmental 
     entity regarding conduct made unlawful, or reasonably 
     believed to be made unlawful, by this Act.

     SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO 
                   CONGRESSIONAL COMMITTEES.

       (a) Requirements.--Each Federal department and agency which 
     is empowered to extend Federal financial assistance to any 
     education program or activity, by way of grant, loan, or 
     contract other than a contract of insurance or guaranty, is 
     authorized and directed to effectuate the provisions of 
     section 4 with respect to such program or activity by issuing 
     rules, regulations, or orders of general applicability which 
     shall be consistent with achievement of the objectives of the 
     statute authorizing the financial assistance in connection 
     with which the action is taken. No such rule, regulation, or 
     order shall become effective unless and until approved by the 
     President.
       (b) Enforcement.--Compliance with any requirement adopted 
     pursuant to this section may be effected--
       (1) by the termination of or refusal to grant or to 
     continue assistance under such program or activity to any 
     recipient as to whom there has been an express finding on the 
     record, after opportunity for hearing, of a failure to comply 
     with such requirement, but such termination or refusal shall 
     be limited to the particular political entity, or part 
     thereof, or other recipient as to whom such a finding has 
     been made, and shall be limited in its effect to the 
     particular program, or part thereof, in which such 
     noncompliance has been so found; or

       (2) by any other means authorized by law,
     except that no such action shall be taken until the 
     department or agency concerned has advised the appropriate 
     person or persons of the failure to comply with the 
     requirement and has determined that compliance cannot be 
     secured by voluntary means.
       (c) Reports.--In the case of any action terminating, or 
     refusing to grant or continue, assistance because of failure 
     to comply with a requirement imposed pursuant to this 
     section, the head of the Federal department or agency shall 
     file with the committees of the House of Representatives and 
     Senate having legislative jurisdiction over the program or 
     activity involved a full written report of the circumstances 
     and the grounds for such action. No such action shall become 
     effective until 30 days have elapsed after the filing of such 
     report.

     SEC. 6. CAUSE OF ACTION.

       (a) Cause of Action.--Subject to subsection (c), an 
     aggrieved individual may bring an action in a court of 
     competent jurisdiction, asserting a violation of this Act. 
     Aggrieved individuals may be awarded all appropriate relief, 
     including equitable relief, compensatory damages, and costs 
     of the action.
       (b) Rule of Construction.--This section shall not be 
     construed to preclude an aggrieved individual from obtaining 
     remedies under any other provision of law or to require such 
     individual to exhaust any administrative complaint process or 
     notice of claim requirement before seeking redress under this 
     section.
       (c) Statute of Limitations.--For actions brought pursuant 
     to this section, the statute of limitations period shall be 
     determined in accordance with section 1658(a) of title 28, 
     United States Code. The tolling of any such limitations 
     period shall be determined in accordance with the law 
     governing actions under section 1979 of the Revised Statutes 
     (42 U.S.C. 1983) in the State in which the action is brought.

     SEC. 7. STATE IMMUNITY.

       (a) State Immunity.--A State shall not be immune under the 
     11th amendment to the Constitution from suit in Federal court 
     for a violation of this Act.
       (b) Waiver.--A State's receipt or use of Federal financial 
     assistance for any program or activity of a State shall 
     constitute a waiver of sovereign immunity, under the 11th 
     amendment or otherwise, to a suit brought by an aggrieved 
     individual for a violation of section 4.
       (c) Remedies.--In a suit against a State for a violation of 
     this Act, remedies (including remedies both at law and in 
     equity) are available for such a violation to the same extent 
     as such remedies are available for such a violation in the 
     suit against any public or private entity other than a State.

     SEC. 8. ATTORNEY'S FEES.

       Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) 
     is amended by inserting ``the Student Nondiscrimination Act 
     of 2010,'' after ``Religious Land Use and Institutionalized 
     Persons Act of 2000,''.

     SEC. 9. EFFECT ON OTHER LAWS.

       (a) Federal and State Nondiscrimination Laws.--Nothing in 
     this Act shall be construed to preempt, invalidate, or limit 
     rights, remedies, procedures, or legal standards available to 
     victims of discrimination or retaliation, under any other 
     Federal law or law of a State or political subdivision of a 
     State, including title VI of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d et seq.), title IX of the Education Amendments 
     of 1972 (20 U.S.C. 1681 et seq.), section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or 
     section 1979 of the Revised Statutes (42 U.S.C. 1983). The 
     obligations imposed by this Act are in addition to those 
     imposed by title VI of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d et seq.), title IX of the Education Amendments 
     of 1972 (20 U.S.C. 1681 et seq.), section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and 
     section 1979 of the Revised Statutes (42 U.S.C. 1983).
       (b) Free Speech and Expression Laws and Religious Student 
     Groups.--Nothing in this Act shall be construed to alter 
     legal standards regarding, or affect the rights available to 
     individuals or groups under, other Federal laws that 
     establish protections for freedom of speech and expression, 
     such as legal standards and rights available to religious and 
     other student groups under the first amendment and the Equal 
     Access Act (20 U.S.C. 4071 et seq).

     SEC. 10. SEVERABILITY.

       If any provision of this Act, or any application of such 
     provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this Act, and the 
     application of the provision to any other person or 
     circumstance shall not be impacted.

     SEC. 11. EFFECTIVE DATE.

       This Act shall take effect 60 days after the date of 
     enactment of this Act and shall not apply to conduct 
     occurring before the effective date of this Act.

  Mr. LEAHY. Mr. President, I am proud to join Senator Franken in 
sponsoring the Student Non-Discrimination Act of 2010, SNDA, an 
important step in our march toward a more inclusive Nation. This bill 
continues the civil rights work we began earlier this Congress when I 
offered the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention 
Act as an amendment to the defense authorization bill last year. The 
Student Non-Discrimination Act will ensure that under Federal law, all 
public school children are protected equally from discrimination. 
Children deserve a safe environment where they can learn the skills and 
knowledge necessary to be good citizens.
  More than 55 years ago, in the landmark case of Brown v. Board of 
Education, the Supreme Court reaffirmed our Nation's commitment to 
justice and equal rights for all Americans by ending racial segregation 
in our public schools. A unanimous Court recognized that ``it is 
doubtful that any child may reasonably be expected to succeed in life 
if he [or she] is denied the opportunity of an education. Such an 
opportunity, where the state has undertaken to provide it, is a right 
which must be made available to all on equal terms.''
  Congress continued on the path of progress by passing laws like the 
Civil Rights Act of 1964, the Education Amendments of 1972, and the 
Rehabilitation Act of 1973. These laws protected students in federally-
funded public schools from discrimination and harassment based on race, 
national origin, sex, and disability. President John F. Kennedy said in 
1963, ``Simple justice requires that public funds, to which all 
taxpayers . . . contribute, not be spent in any fashion which 
encourages, entrenches, subsidizes or results in . . . 
discrimination.''
  Tragically, for far too long, U.S. taxpayer dollars have gone to 
public school systems that tolerate or perpetuate discrimination, 
harassment, and even violence based on sexual orientation and gender 
identity. To paraphrase Dr. Martin Luther King, Jr., ``now is the time 
to make justice a reality'' for all of our children--now is the time 
for Congress to extend existing Federal protections against 
discrimination to all public school students.

[[Page 8855]]

  The legislation we introduce today does just that by prohibiting 
discrimination and harassment based on actual or perceived sexual 
orientation and gender identity in public, non-religious, federally-
funded schools.
  Vermont has recognized the importance of creating a safe school 
environment for our children. In 1993, the State legislature enacted a 
law to protect school children from harassment based on sexual 
orientation, and in 2007, the law was strengthened to protect against 
harassment based on gender identity. Nine other States and the District 
of Columbia protect school children from discrimination based on gender 
identity and sexual orientation. This legislation makes clear that it 
would not preempt state laws such as those in Vermont, which provide 
additional protections and remedies.
  The Student Non-Discrimination Act also preserves our First Amendment 
freedoms of expression and religion. The bill is narrowly tailored to 
comply with the Supreme Court's First Amendment precedents. It includes 
provisions that explicitly exempt parochial schools, and to make clear 
that religious groups in public schools continue to be protected by the 
First Amendment and the Equal Access Act.
  I urge all Senators to come together to support this important bill 
to ensure that all of our students are given the opportunity to 
succeed, free from harassment or discrimination.
                                 ______
                                 
      By Ms. LANDRIEU (for herself and Ms. Snowe):
  S. 3394. A bill to establish the veterans' business center program, 
to improve the programs for veterans of the Small Business 
Administration, and for other purposes; to the Committee on Small 
Business and Entrepreneurship.
  Ms. LANDRIEU. Mr. President, as Chair of the Committee on Small 
Business and Entrepreneurship, I am pleased to introduce the 
Strengthening Entrepreneurship for America's Veterans Act of 2010. This 
vital and timely legislation builds upon the Small Business 
Administration's, SBA, existing counseling programs that successfully 
assist hundreds of thousands of veterans, service-disabled veterans and 
reservists annually, creating thousands of jobs. By strengthening and 
improving these programs, the SBA will be able to reach even more 
veterans, helping them to achieve their dream of starting or growing 
their own small businesses.
  According to the Department of Veteran Affairs, there are currently 
more than 23.8 million veterans in the United States. Since 2001 alone, 
more than 2 million of these servicemembers have been deployed in 
support of Operation Enduring Freedom and Operation Iraqi Freedom. This 
means that every day, hundreds of new veterans are returning home from 
service in Iraq and Afghanistan. Seeking to move on with their lives 
after long deployments, many veterans become entrepreneurs to support 
both themselves and their families.
  However, in the face of historically high unemployment and tight 
credit, starting a business has never been more difficult. During the 
111th Congress, the Committee has heard from many small business owners 
throughout the country. They have told me that the programs and 
services currently offered by SBA provide access to important resources 
that enable them to start, grow and expand their businesses. But in the 
face of the worst economic recession since the Great Depression, demand 
for these services is at an all time high. For these reasons, it is 
critical that we do more to help our entrepreneurs and small 
businesses, especially the hundreds of veterans returning home each day 
who are significantly more likely to struggle to find work.
  That is why today I am introducing the Strengthening Entrepreneurship 
for America's Veterans Act of 2010. Since the passage of legislation 
establishing the Office of Veterans Business Development, OVBD, in 
1999, the SBA has operated a network of centers and programs that 
provide technical assistance and support to veterans interested in 
starting or growing their own small businesses. This legislation will 
further enhance and improve these existing programs by providing more 
increased access to business counseling and technical assistance 
through a new network of Veterans Business Centers, modeled after the 
successful Small Business Development Centers, SBDC, and Women's 
Business Centers, WBC, programs. The Veterans Business Center Program 
will not only provide services to returning veterans and service-
disabled veterans, but also to the families, spouses and surviving 
spouses of these heroic men and women.
  In closing, I would like to thank Senator Snowe for her continued 
leadership on small business issues and especially for her 
cosponsorship of this important legislation. Senator Snowe has been a 
tireless advocate for the many veterans and reservists in her home 
state of Maine and I am pleased to have her support on this 
legislation.
  I would also note that many of the provisions in this bill were 
included in S. 1229, the Entrepreneurial Development Act of 2009, which 
I introduced earlier this Congress with Senator Snowe's support. S. 
1229 passed out of Committee with unanimous and bipartisan support in 
June of 2009. However, given the importance of this legislation to our 
more than 23 million veterans, I have decided to reintroduce these 
provisions as a standalone bill. I look forward to working with my 
colleagues in the Senate to bring this legislation to the President's 
desk in the coming months.
  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. 3394

       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 ``Strengthening 
     Entrepreneurship for America's Veterans Act of 2010''.

     SEC. 2. VETERANS' BUSINESS CENTER PROGRAM; OFFICE OF VETERANS 
                   BUSINESS DEVELOPMENT.

       (a) In General.--Section 32 of the Small Business Act (15 
     U.S.C. 657b) is amended by striking subsection (f) and 
     inserting the following:
       ``(f) Online Coordination.--
       ``(1) Definition.--In this subsection, the term `veterans' 
     assistance provider' means--
       ``(A) a veterans' business center established under 
     subsection (g);
       ``(B) an employee of the Administration assigned to the 
     Office of Veterans Business Development; and
       ``(C) a veterans business ownership representative 
     designated under subsection (g)(13)(B).
       ``(2) Establishment.--The Associate Administrator shall 
     establish an online mechanism to--
       ``(A) provide information that assists veterans' assistance 
     providers in carrying out the activities of the veterans' 
     assistance providers; and
       ``(B) coordinate and leverage the work of the veterans' 
     assistance providers, including by allowing a veterans' 
     assistance provider to--
       ``(i) distribute best practices and other materials;
       ``(ii) communicate with other veterans' assistance 
     providers regarding the activities of the veterans' 
     assistance provider on behalf of veterans; and
       ``(iii) pose questions to and request input from other 
     veterans' assistance providers.
       ``(g) Veterans' Business Center Program.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `active duty' has the meaning given that 
     term in section 101 of title 10, United States Code;
       ``(B) the term `private nonprofit organization' means an 
     entity that is described in section 501(c) of the Internal 
     Revenue Code of 1986 and exempt from taxation under section 
     501(a) of such Code;
       ``(C) the term `Reservist' means a member of a reserve 
     component of the Armed Forces, as described in section 10101 
     of title 10, United States Code;
       ``(D) the term `Service Corps of Retired Executives' means 
     the Service Corps of Retired Executives authorized under 
     section 8(b)(1);
       ``(E) the term `small business concern owned and controlled 
     by veterans'--
       ``(i) has the same meaning as in section 3(q); and
       ``(ii) includes a small business concern--

       ``(I) not less than 51 percent of which is owned by one or 
     more spouses of veterans or, in the case of any publicly 
     owned business, not less than 51 percent of the stock of 
     which is owned by one or more spouses of veterans; and
       ``(II) the management and daily business operations of 
     which are controlled by one or more spouses of veterans;

[[Page 8856]]

       ``(F) the term `spouse', relating to a veteran, service-
     disabled veteran, or Reservist, includes an individual who is 
     the spouse of a veteran, service-disabled veteran, or 
     Reservist on the date on which the veteran, service-disabled 
     veteran, or Reservist died;
       ``(G) the term `veterans' business center program' means 
     the program established under paragraph (2)(A); and
       ``(H) the term `women's business center' means a women's 
     business center described in section 29.
       ``(2) Program established.--
       ``(A) In general.--The Administrator, acting through the 
     Associate Administrator, shall establish a veterans' business 
     center program, under which the Associate Administrator may 
     provide financial assistance to a private nonprofit 
     organization to conduct a 5-year project for the benefit of 
     small business concerns owned and controlled by veterans, 
     which may be renewed for one or more additional 5-year 
     periods.
       ``(B) Form of financial assistance.--Financial assistance 
     under this subsection may be in the form of a grant, a 
     contract, or a cooperative agreement.
       ``(3) Veterans' business centers.--Each private nonprofit 
     organization that receives financial assistance under this 
     subsection shall establish or operate a veterans' business 
     center (which may include establishing or operating satellite 
     offices in the region described in paragraph (5) served by 
     that private nonprofit organization) that provides to 
     veterans (including service-disabled veterans), Reservists, 
     and the spouses of veterans (including service-disabled 
     veterans) and Reservists--
       ``(A) financial advice, including training and counseling 
     on applying for and securing business credit and investment 
     capital, preparing and presenting financial statements, and 
     managing cash flow and other financial operations of a small 
     business concern;
       ``(B) management advice, including training and counseling 
     on the planning, organization, staffing, direction, and 
     control of each major activity and function of a small 
     business concern;
       ``(C) marketing advice, including training and counseling 
     on identifying and segmenting domestic and international 
     market opportunities, preparing and executing marketing 
     plans, developing pricing strategies, locating contract 
     opportunities, negotiating contracts, and using public 
     relations and advertising techniques; and
       ``(D) advice, including training and counseling, for 
     Reservists and the spouses of Reservists.
       ``(4) Application.--
       ``(A) In general.--A private nonprofit organization 
     desiring to receive financial assistance under this 
     subsection shall submit an application to the Associate 
     Administrator at such time and in such manner as the 
     Associate Administrator may require.
       ``(B) 5-year plan.--Each application described in 
     subparagraph (A) shall include a 5-year plan on proposed 
     fundraising and training activities relating to the veterans' 
     business center.
       ``(C) Determination and notification.--Not later than 60 
     days after the date on which a private nonprofit organization 
     submits an application under subparagraph (A), the Associate 
     Administrator shall approve or deny the application and 
     notify the applicant of the determination.
       ``(D) Availability of application.--The Associate 
     Administrator shall make every effort to make the application 
     under subparagraph (A) available online.
       ``(5) Eligibility.--The Associate Administrator may select 
     to receive financial assistance under this subsection--
       ``(A) a Veterans Business Outreach Center established by 
     the Administrator under section 8(b)(17) on or before the day 
     before the date of enactment of this subsection; or
       ``(B) private nonprofit organizations located in various 
     regions of the United States, as the Associate Administrator 
     determines is appropriate.
       ``(6) Selection criteria.--
       ``(A) In general.--The Associate Administrator shall 
     establish selection criteria, stated in terms of relative 
     importance, to evaluate and rank applicants under paragraph 
     (5)(C) for financial assistance under this subsection.
       ``(B) Criteria.--The selection criteria established under 
     this paragraph shall include--
       ``(i) the experience of the applicant in conducting 
     programs or ongoing efforts designed to impart or upgrade the 
     business skills of veterans, and the spouses of veterans, who 
     own or may own small business concerns;
       ``(ii) for an applicant for initial financial assistance 
     under this subsection--

       ``(I) the ability of the applicant to begin operating a 
     veterans' business center within a minimum amount of time; 
     and
       ``(II) the geographic region to be served by the veterans 
     business center;

       ``(iii) the demonstrated ability of the applicant to--

       ``(I) provide managerial counseling and technical 
     assistance to entrepreneurs; and
       ``(II) coordinate services provided by veterans services 
     organizations and other public or private entities; and

       ``(iv) for any applicant for a renewal of financial 
     assistance under this subsection, the results of the most 
     recent examination under paragraph (10) of the veterans' 
     business center operated by the applicant.
       ``(C) Criteria publicly available.--The Associate 
     Administrator shall--
       ``(i) make publicly available the selection criteria 
     established under this paragraph; and
       ``(ii) include the criteria in each solicitation for 
     applications for financial assistance under this subsection.
       ``(7) Amount of assistance.--The amount of financial 
     assistance provided under this subsection to a private 
     nonprofit organization for each fiscal year shall be--
       ``(A) not less than $150,000; and
       ``(B) not more than $200,000.
       ``(8) Federal share.--
       ``(A) In general.--
       ``(i) Initial financial assistance.--Except as provided in 
     clause (ii) and subparagraph (E), a private nonprofit 
     organization that receives financial assistance under this 
     subsection shall provide non-Federal contributions for the 
     operation of the veterans business center established by the 
     private nonprofit organization in an amount equal to--

       ``(I) in each of the first and second years of the project, 
     not less than 33 percent of the amount of the financial 
     assistance received under this subsection; and
       ``(II) in each of the third through fifth years of the 
     project, not less than 50 percent of the amount of the 
     financial assistance received under this subsection.

       ``(ii) Renewals.--A private nonprofit organization that 
     receives a renewal of financial assistance under this 
     subsection shall provide non-Federal contributions for the 
     operation of the veterans business center established by the 
     private nonprofit organization in an amount equal to not less 
     than 50 percent of the amount of the financial assistance 
     received under this subsection.
       ``(B) Form of non-federal share.--Not more than 50 percent 
     of the non-Federal share for a project carried out using 
     financial assistance under this subsection may be in the form 
     of in-kind contributions.
       ``(C) Timing of disbursement.--The Associate Administrator 
     may disburse not more than 25 percent of the financial 
     assistance awarded to a private nonprofit organization before 
     the private nonprofit organization obtains the non-Federal 
     share required under this paragraph with respect to that 
     award.
       ``(D) Failure to obtain non-federal funding.--
       ``(i) In general.--If a private nonprofit organization that 
     receives financial assistance under this subsection fails to 
     obtain the non-Federal share required under this paragraph 
     during any fiscal year, the private nonprofit organization 
     may not receive a disbursement under this subsection in a 
     subsequent fiscal year or a disbursement for any other 
     project funded by the Administration, unless the 
     Administrator makes a written determination that the private 
     nonprofit organization will be able to obtain a non-Federal 
     contribution.
       ``(ii) Restoration.--A private nonprofit organization 
     prohibited from receiving a disbursement under clause (i) in 
     a fiscal year may receive financial assistance in a 
     subsequent fiscal year if the organization obtains the non-
     Federal share required under this paragraph for the 
     subsequent fiscal year.
       ``(E) Waiver of non-federal share.--
       ``(i) In general.--Upon request by a private nonprofit 
     organization, and in accordance with this subparagraph, the 
     Administrator may waive, in whole or in part, the requirement 
     to obtain non-Federal funds under subparagraph (A) for a 
     fiscal year. The Administrator may not waive the requirement 
     for a private nonprofit organization to obtain non-Federal 
     funds under this subparagraph for more than a total of 2 
     fiscal years.
       ``(ii) Considerations.--In determining whether to waive the 
     requirement to obtain non-Federal funds under this 
     subparagraph, the Administrator shall consider--

       ``(I) the economic conditions affecting the private 
     nonprofit organization;
       ``(II) the impact a waiver under this subparagraph would 
     have on the credibility of the veterans' business center 
     program;
       ``(III) the demonstrated ability of the private nonprofit 
     organization to raise non-Federal funds; and
       ``(IV) the performance of the private nonprofit 
     organization.

       ``(iii) Limitation.--The Administrator may not waive the 
     requirement to obtain non-Federal funds under this 
     subparagraph if granting the waiver would undermine the 
     credibility of the veterans' business center program.
       ``(9) Contract authority.--A veterans' business center may 
     enter into a contract with a Federal department or agency to 
     provide specific assistance to veterans, service-disabled 
     veterans, Reservists, or the spouses of veterans, service-
     disabled veterans, or Reservists. Performance of such 
     contract shall not hinder the veterans' business center in 
     carrying out the terms of the grant received by the veterans' 
     business centers from the Administrator.
       ``(10) Examination and determination of viability.--
       ``(A) Examination.--
       ``(i) In general.--The Associate Administrator shall 
     conduct an annual examination

[[Page 8857]]

     of the programs and finances of each veterans' business 
     center established or operated using financial assistance 
     under this subsection.
       ``(ii) Factors.--In conducting the examination under clause 
     (i), the Associate Administrator shall consider whether the 
     veterans business center has failed--

       ``(I) to provide the information required to be provided 
     under subparagraph (B), or the information provided by the 
     center is inadequate;
       ``(II) the center has failed to comply with a requirement 
     for participation in the veterans' business center program, 
     as determined by the Assistant Administrator, including--

       ``(aa) failure to acquire or properly document a non-
     Federal share;
       ``(bb) failure to establish an appropriate partnership or 
     program for marketing and outreach to small business 
     concerns;
       ``(cc) failure to achieve results described in a financial 
     assistance agreement; and
       ``(dd) failure to provide to the Administrator a 
     description of the amount and sources of any non-Federal 
     funding received by the center;

       ``(III) to carry out the 5-year plan under in paragraph 
     (4)(B); or
       ``(IV) to meet the eligibility requirements under paragraph 
     (5).

       ``(B) Information provided.--In the course of an 
     examination under subparagraph (A), the veterans' business 
     center shall provide to the Associate Administrator--
       ``(i) an itemized cost breakdown of actual expenditures for 
     costs incurred during the most recent full fiscal year;
       ``(ii) documentation of the amount of non-Federal 
     contributions obtained and expended by the veterans' business 
     center during the most recent full fiscal year; and
       ``(iii) with respect to any in-kind contribution under 
     paragraph (8)(B), verification of the existence and valuation 
     of such contributions.
       ``(C) Determination of viability.--The Associate 
     Administrator shall analyze the results of each examination 
     under this paragraph and, based on that analysis, make a 
     determination regarding the viability of the programs and 
     finances of each veterans' business center.
       ``(D) Discontinuation of funding.--
       ``(i) In general.--The Associate Administrator may 
     discontinue an award of financial assistance to a private 
     nonprofit organization at any time if the Associate 
     Administrator determines under subparagraph (C) that the 
     veterans' business center operated by that organization is 
     not viable.
       ``(ii) Restoration.--The Associate Administrator may 
     continue to provide financial assistance to a private 
     nonprofit organization in a subsequent fiscal year if the 
     Associate Administrator determines under subparagraph (C) 
     that the veterans' business center is viable.
       ``(11) Privacy requirements.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a veterans' business center established or operated using 
     financial assistance provided under this subsection may not 
     disclose the name, address, or telephone number of any 
     individual or small business concern that receives advice 
     from the veterans' business center without the consent of the 
     individual or small business concern.
       ``(B) Exception.--A veterans' business center may disclose 
     information described in subparagraph (A)--
       ``(i) if the Administrator or Associate Administrator is 
     ordered to make such a disclosure by a court in any civil or 
     criminal enforcement action initiated by a Federal or State 
     agency; or
       ``(ii) to the extent that the Administrator or Associate 
     Administrator determines that such a disclosure is necessary 
     to conduct a financial audit of a veterans' business center.
       ``(C) Administration use of information.--This paragraph 
     does not--
       ``(i) restrict access by the Administrator to program 
     activity data; or
       ``(ii) prevent the Administrator from using information not 
     described in subparagraph (A) to conduct surveys of 
     individuals or small business concerns that receive advice 
     from a veterans' business center.
       ``(D) Regulations.--The Administrator shall issue 
     regulations to establish standards for requiring disclosures 
     under subparagraph (B)(ii).
       ``(12) Report.--
       ``(A) In general.--Not later than 60 days after the end of 
     each fiscal year, the Associate Administrator shall submit to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report on the effectiveness of the 
     veterans' business center program in each region during the 
     most recent full fiscal year.
       ``(B) Contents.--Each report under this paragraph shall 
     include, at a minimum, for each veterans' business center 
     established or operated using financial assistance provided 
     under this subsection--
       ``(i) the number of individuals receiving assistance from 
     the veterans' business center, including the number of such 
     individuals who are--

       ``(I) veterans or spouses of veterans;
       ``(II) service-disabled veterans or spouses of service-
     disabled veterans; or
       ``(III) Reservists or spouses of Reservists;

       ``(ii) the number of startup small business concerns formed 
     by individuals receiving assistance from the veterans' 
     business center, including--

       ``(I) veterans or spouses of veterans;
       ``(II) service-disabled veterans or spouses of service-
     disabled veterans; or
       ``(III) Reservists or spouses of Reservists;

       ``(iii) the gross receipts of small business concerns that 
     receive advice from the veterans' business center;
       ``(iv) the employment increases or decreases of small 
     business concerns that receive advice from the veterans' 
     business center;
       ``(v) to the maximum extent practicable, the increases or 
     decreases in profits of small business concerns that receive 
     advice from the veterans' business center; and
       ``(vi) the results of the examination of the veterans' 
     business center under paragraph (10).
       ``(13) Coordination of efforts and consultation.--
       ``(A) Coordination and consultation.--To the extent 
     practicable, the Associate Administrator and each private 
     nonprofit organization that receives financial assistance 
     under this subsection shall--
       ``(i) coordinate outreach and other activities with other 
     programs of the Administration and the programs of other 
     Federal agencies;
       ``(ii) consult with technical representatives of the 
     district offices of the Administration in carrying out 
     activities using financial assistance under this subsection; 
     and
       ``(iii) provide information to the veterans business 
     ownership representatives designated under subparagraph (B) 
     and coordinate with the veterans business ownership 
     representatives to increase the ability of the veterans 
     business ownership representatives to provide services 
     throughout the area served by the veterans business ownership 
     representatives.
       ``(B) Veterans business ownership representatives.--
       ``(i) Designation.--The Administrator shall designate not 
     fewer than 1 individual in each district office of the 
     Administration as a veterans business ownership 
     representative, who shall communicate and coordinate 
     activities of the district office with private nonprofit 
     organizations that receive financial assistance under this 
     subsection.
       ``(ii) Initial designation.--The first individual in each 
     district office of the Administration designated by the 
     Administrator as a veterans business ownership representative 
     under clause (i) shall be an individual that is employed by 
     the Administration on the date of enactment of this 
     subsection.
       ``(14) Existing contracts.--An award of financial 
     assistance under this subsection shall not void any contract 
     between a private nonprofit organization and the 
     Administration that is in effect on the date of such award.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated--
       ``(1) to carry out subsections (a) through (f), $2,000,000 
     for each of fiscal years 2011 through 2013; and
       ``(2) to carry out subsection (g)--
       ``(A) $8,000,000 for fiscal year 2011;
       ``(B) $8,500,000 for fiscal year 2012; and
       ``(C) $9,000,000 for fiscal year 2013.''.
       (b) GAO Reports.--
       (1) Definitions.--In this subsection--
       (A) the terms ``small business concern'' and ``veteran'' 
     have the meanings given those terms under section 3 of the 
     Small Business Act (15 U.S.C. 632); and
       (B) the terms ``Reservist'', ``small business concern owned 
     and controlled by veterans'', and ``veterans' business center 
     program'' have the meanings given those terms in section 
     32(g) of the Small Business Act, as added by this section.
       (2) Report on access to credit.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report regarding the ability of small 
     business concern owned and controlled by veterans to access 
     credit to--
       (i) the Committee on Veterans' Affairs and the Committee on 
     Small Business and Entrepreneurship of the Senate; and
       (ii) the Committee on Veterans' Affairs and the Committee 
     on Small Business of the House of Representatives.
       (B) Contents.--The report submitted under subparagraph (A) 
     shall include an analysis of--
       (i) the sources of credit used by small business concerns 
     owned and controlled by veterans and percentage of the credit 
     obtained by small business concern owned and controlled by 
     veterans that is obtained from each source;
       (ii) the default rate for small business concerns owned and 
     controlled by veterans separately for each source of credit 
     described in clause (i), as compared to the default rate for 
     the source of credit for small business concerns generally;
       (iii) the Federal lending programs available to provide 
     credit to small business concerns owned and controlled by 
     veterans;
       (iv) gaps, if any, in the availability of credit for small 
     business concerns owned and controlled by veterans that are 
     not being

[[Page 8858]]

     filled by the Federal Government or private sources;
       (v) obstacles faced by veterans in trying to access credit;
       (vi) the extent to which deployment and other military 
     responsibilities affect the credit history of veterans and 
     Reservists; and
       (vii) the extent to which veterans are aware of Federal 
     programs targeted towards helping veterans access credit.
       (3) Report on veterans' business center program.--
       (A) In general.--Not later than 60 days after the end of 
     the second fiscal year beginning after the date on which the 
     veterans' business center program is established, the 
     Comptroller General of the United States shall evaluate the 
     effectiveness of the veterans' business center program, and 
     submit to Congress a report on the results of that 
     evaluation.
       (B) Contents.--The report submitted under subparagraph (A) 
     shall include--
       (i) an assessment of--

       (I) the use of amounts made available to carry out the 
     veterans' business center program;
       (II) the effectiveness of the services provided by each 
     private nonprofit organization receiving financial assistance 
     under the veterans' business center program;
       (III) whether the services described in clause (ii) are 
     duplicative of services provided by other veteran service 
     organizations, programs of the Small Business Administration, 
     or programs of another Federal department or agency and, if 
     so, recommendations regarding how to alleviate the 
     duplication of the services; and
       (IV) whether there are areas of the United States in which 
     there are not adequate entrepreneurial services for small 
     business concerns owned and controlled by veterans and, if 
     so, whether there is a veterans' business center established 
     under the veterans' business center program providing 
     services to that area; and

       (ii) recommendations, if any, for improving the veteran's 
     business center program.

     SEC. 3. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE.

       Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) 
     is amended by adding at the end the following:
       ``(4) Report.--Not less frequently than twice each year, 
     the Administrator shall submit to Congress a report on the 
     appointments made to and activities of the task force.''.

     SEC. 4. REPEAL AND RENEWAL OF GRANTS.

       (a) Definition.--In this section, the term ``covered grant, 
     contract, or cooperative agreement'' means a grant, contract, 
     or cooperative agreement that was--
       (1) made or entered into under section 8(b)(17) of the 
     Small Business Act (15 U.S.C. 637(b)(17)); and
       (2) in effect on or before the date described in subsection 
     (b)(2).
       (b) Repeal.--
       (1) In general.--Section 8(b) of the Small Business Act (15 
     U.S.C. 637(b)) is amended--
       (A) in paragraph (15), by adding ``and'' at the end;
       (B) in paragraph (16), by striking ``; and'' and inserting 
     a period; and
       (C) by striking paragraph (17).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect 60 days after the date of enactment of this 
     Act.
       (c) Transitional Rules.--
       (1) In general.--Notwithstanding any other provision of 
     law, a covered grant, contract, or cooperative agreement 
     shall remain in full force and effect under the terms, and 
     for the duration, of the covered grant, contract, or 
     agreement.
       (2) Additional requirements.--Any organization that was 
     awarded or entered into a covered grant, contract, or 
     cooperative agreement shall be subject to the requirements of 
     section 32(g) of the Small Business Act (15 U.S.C. 657b(g)) 
     (as added by this Act).
       (d) Renewal of Financial Assistance.--An organization that 
     was awarded or entered into a covered grant, contract, or 
     cooperative agreement may apply for a renewal of the grant, 
     contract, or agreement under the terms and conditions 
     described in section 32(g) of the Small Business Act (15 
     U.S.C. 657b(g)) (as added by this Act).

  Ms. SNOWE. Mr. President, I rise today, along with Senator Mary 
Landrieu, Chair of the Senate Committee on Small Business and 
Entrepreneurship, to introduce the Strengthening Entrepreneurship for 
America's Veterans Act. This critical legislation, which is a slightly 
modified version of language we included in S. 1229, the 
Entrepreneurial Development Act of 2009, will establish a nationwide 
Veterans' Business Center program, housed at the Small Business 
Administration, or SBA, to tailor counseling and outreach programs for 
aspiring veteran entrepreneurs. This program will build on the 
extraordinary work of the SBA's Office of Veterans Business 
Development, headed by Bill Elmore, which currently oversees eight such 
centers and last year counseled or trained over 120,000 veterans.
  According to the Department of Veteran Affairs, almost 2 million 
brave American men and women have deployed to Afghanistan and Iraq 
since the beginning of combat operations in September 2001, nearly 1.2 
million of whom are now veterans. Regrettably, the unemployment rate 
among these veterans stands at 13.1 percent over three percentage 
points higher than the national average. It is critical that when our 
Nation's service-members return from duty, they receive the assistance 
they deserve to seamlessly assimilate back to civilian life.
  Many of these veterans are aspiring entrepreneurs seeking to open 
their own business and live the American dream. To assist them in their 
efforts, our legislation establishes a Veterans' Business Center 
program to create a nationwide network of entrepreneurial assistance 
centers for veterans and reservists, along with their spouses and 
surviving spouses. Each center would receive an annual grant between 
$150,000 and $200,000 for a 5-year period, followed by the opportunity 
for additional 5-year renewal periods. These centers would provide 
specific education, training, advice, and counseling tailored to 
eligible individuals regarding financing planning and access to 
capital; management and business operations; marketing and advertising; 
procurement and contracting opportunities; and other general small 
business opportunities for reservists and their spouses.
  Furthermore, each district office under the auspices of the SBA would 
be required to designate one employee to serve as a ``veterans business 
ownership representative'' responsible for increasing coordination 
between that region's Veterans' Business Center and SBA district 
office, to leverage resources and perform outreach to a greater number 
of veterans.
  Additionally, our legislation will ensure proper oversight of the 
recently formed Interagency Task Force on Veterans Small Business 
Development by requiring the SBA to issue biennial reports to Congress 
regarding the establishment and progress of this body. This task force 
was included in the Military Reservist and Veteran Small Business 
Reauthorization and Opportunity Act which Senator John Kerry and I 
fought for last Congress and which was signed into law by former 
President George W. Bush on February 14, 2008. After more than 2 years 
of delay, the task force was finally established by Executive Order on 
April 26 of this year.
  The purpose of the task force is to coordinate the efforts of Federal 
agencies necessary to increase capital and business development 
opportunities for, and increase the award of Federal contracting 
opportunities to, small businesses owned and controlled by veterans. 
Given that we are fast approaching the ninth anniversary of the 
commencement of Operation Enduring Freedom, this type of coordinated 
and targeted effort by our Federal government is long overdue.
  Finally, our bill includes several additional reporting requirements 
to ensure that the Veterans' Business Center program is being 
administered effectively and providing truly unique and proper 
resources, counseling, assistance, and training to veterans. Because 
credit to small businesses remains stifled, one of these reports will 
explore the sources of credit utilized by veteran-owned small 
businesses, obstacles faced by veterans trying to access credit, and 
the extent to which deployment and other military responsibilities 
affect the credit history of veterans and reservists. This crucial 
report will provide a detailed picture of the access to credit 
landscape confronting veteran entrepreneurs, and will afford us an 
opportunity to make necessary policy changes that alleviate any 
challenges they face.
  As our service-members and reservists answer our Nation's call to 
duty, we must similarly fulfill our obligations to help protect their 
livelihood back home. That is why I am pleased to be introducing this 
critical legislation today with Chair Landrieu, and I pledge to push 
for its passage before the end of this Congress.

[[Page 8859]]


                                 ______
                                 
      Mr. UDALL of Colorado (for himself, Mr. Wyden, Mr. Burris, and 
        Ms. Stabenow):
  S. 3395. A bill to provide cost-sharing assistance to improve access 
to the markets of foreign countries for energy efficiency products and 
renewable energy products exported by small- and medium-sized 
businesses in the United States, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. UDALL of Colorado. Mr. President, I rise today to speak about the 
Renewable Energy Market Access Program Act, or REMAP Act, which I 
introduced to help grow American renewable energy and energy efficiency 
exports abroad. This bill would help small- and medium-sized renewable 
energy businesses promote, export and ultimately penetrate foreign 
markets.
  I know my colleagues are well aware of the importance of exports to 
our Nation's economy, as evidenced by their support for efforts to 
increase American competitiveness abroad. I am also encouraged by the 
President's National Export Initiative and its goal to double American 
exports over the next five years. This effort will be critical to a 
full economic recovery and I encourage the administration to continue 
its work; however, I believe that we need to do more to support a 
sector that shows tremendous growth potential.
  In 2009, $162 billion was invested in clean energy worldwide, and it 
is estimated that this investment will increase to $200 billion in 
2010. Additionally, 90 percent of worldwide investments in renewable 
energy goods occur in G-20 countries and the developing world is 
projected to comprise 80 percent of the world's future energy demand. 
While I continue in my belief that the United States must remain 
competitive in both public and private domestic investments in 
renewable energy, I also believe that we cannot ignore the growing 
potential for American businesses to access markets abroad. Growing 
private and public investment in the global economy means growing 
markets for American companies of all sizes here at home--which 
translates into sustainable, well-paying jobs. In this economic 
climate, I know the most important thing on everyone's mind--Democrats 
and Republicans alike--is putting people back to work. However, those 
small- and medium-sized businesses and companies, which are the engine 
for our domestic economy, are likely to need more assistance in 
accessing these growing foreign renewable energy markets. This is why I 
have filed legislation that focuses on equipping small- and medium-
sized enterprises with the tools they need to access foreign markets 
and thereby strengthening our domestic economy and creating jobs.
  My legislation would support the promotion of American renewable 
energy and energy efficiency products abroad by creating a Renewable 
Energy Market Access Program or REMAP. Through REMAP, trade 
associations and State-regional trade groups would apply to the U.S. 
Department of Commerce and enter into cooperative agreements to provide 
marketing and trade assistance to small and medium-sized companies in 
the renewable energy and energy efficiency sectors. The assistance 
would help facilitate the export of their goods to existing and new 
foreign markets. The agreements would also offer eligible participants 
an opportunity to share the costs related to innovative marketing and 
promotion activities. The public funding for any one application would 
never exceed 50 percent of the total cost of the proposal, ensuring 
buy-in from the applicant and an ongoing working relationship with the 
Department of Commerce. In sum, this bill will help streamline access 
to the global marketplace for small business and help promote American 
renewable energy and energy efficiency products overseas.
  I would like to highlight a sector in the renewable energy industry 
that could make good use of the REMAP program and in turn help 
strengthen the American clean energy manufacturing sector. The small 
wind sector is just one renewable energy area that has recently 
experienced strong growth and has great potential. According to 
industry statistics, the U.S. small wind market grew by 15 percent in 
2009 despite our economic challenges. What has been even more 
encouraging is that approximately 95 percent of units sold in the U.S. 
in 2009 were produced by U.S. manufacturers. Not only is the U.S. small 
wind industry working to meet our growing domestic appetite for small-
wind generation, it is also poised to be a growing force in the global 
market. In 2009, U.S. manufacturers accounted for 47 percent of global 
small wind sales and exports accounted for approximately 36 percent of 
U.S. manufacturers' sales, which represents an eight percent increase 
from 2008. As countries develop energy policies that drive investment 
in their renewable energy economy, our domestic renewable energy 
industry will see its potential to export grow. The question that 
remains is: how do we ensure that American small wind producers realize 
their full potential to help meet the global demand for the goods they 
produce? The answer is through efforts to promote U.S. renewable energy 
and energy efficiency products abroad. I believe that the U.S. can grow 
as a leader, not just in small wind, but in all sectors of renewable 
energy and I believe that REMAP can help take us there.
  I want to be clear that I strongly believe that this legislation is 
an important step in the right direction to support a growing industry, 
but I want to acknowledge that there is more that needs to be done to 
ensure that our country's renewable energy goods have fair access to 
foreign markets. Congress must find sensible policy mechanisms to 
address the unfair trade barriers and other anti-competitive tactics 
that are used to keep our goods from the shores of other nations with 
which we have stable relations, and we should continue having 
conversations on how these matters can be best addressed. But no matter 
the situation, we must stand in support of our domestic small 
businesses and provide them the resources they need to help them access 
new and growing markets, while we fight to ensure fairness in the 
global economy. I urge my colleagues to join me in supporting this 
legislation.
  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. 3395

       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 ``Renewable Energy Market 
     Access Program Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Energy efficiency product.--The term ``energy 
     efficiency product'' means any product, technology, or 
     component of a product that--
       (A) as compared with products, technologies, or components 
     of products being deployed at the time for widespread 
     commercial use in the country in which the product, 
     technology, or component will be used--
       (i) substantially increases the energy efficiency of 
     buildings, industrial or agricultural processes, or 
     electricity transmission, distribution, or end-use 
     consumption; or
       (ii) substantially increases the energy efficiency of the 
     transportation system; and
       (B) results in no significant incremental adverse effects 
     on public health or the environment.
       (2) Renewable energy.--The term ``renewable energy'' means 
     energy generated by a renewable energy resource.
       (3) Renewable energy product.--The term ``renewable energy 
     product'' means any product, technology, or component of a 
     product used in the development or production of renewable 
     energy.
       (4) Renewable energy resource.--The term ``renewable energy 
     resource'' means solar, wind, ocean, tidal, geothermal 
     energy, biofuel, biomass, hydropower, or hydrokinetic energy.
       (5) Small- and medium-sized business.--The term ``small- 
     and medium-sized business'' means--
       (A) a small business concern (as that term used in section 
     3 of the Small Business Act (15 U.S.C. 632)); and
       (B) a business the Secretary of Commerce determines to be 
     small- or medium-sized, based on factors that include the 
     structure of the industry, the amount of competition in the 
     industry, the average size of businesses in the industry, and 
     costs and barriers associated with entering the industry.

[[Page 8860]]



     SEC. 3. COST-SHARING ASSISTANCE WITH RESPECT TO THE 
                   EXPORTATION OF ENERGY EFFICIENCY PRODUCTS AND 
                   RENEWABLE ENERGY PRODUCTS.

       (a) In General.--The Under Secretary for International 
     Trade of the Department of Commerce (in this section referred 
     to as the ``Under Secretary'') shall establish and carry out 
     a program to provide cost-sharing assistance to eligible 
     organizations--
       (1) to improve access to the markets of foreign countries 
     for energy efficiency products and renewable energy products 
     exported by small- and medium-sized businesses in the United 
     States; and
       (2) to assist small- and medium-sized businesses in the 
     United States in obtaining services and other assistance with 
     respect to exporting energy efficiency products and renewable 
     energy products, including services and assistance available 
     from the Department of Commerce and other Federal agencies.
       (b) Eligible Organizations.--An eligible organization is a 
     nonprofit trade association in the United States or a State 
     or regional organization that promotes the exportation and 
     sale of energy efficiency products or renewable energy 
     products.
       (c) Application Process.--An eligible organization shall 
     submit an application for cost-sharing assistance under 
     subsection (a)--
       (1) at such time and in such manner as the Under Secretary 
     may require; and
       (2) that contains a plan that describes the activities the 
     organization plans to carry out using the cost-sharing 
     assistance provided under subsection (a).
       (d) Awarding Cost-sharing Assistance.--
       (1) In general.--The Under Secretary shall establish a 
     process for granting applications for cost-sharing assistance 
     under subsection (a) that includes a competitive review 
     process.
       (2) Priority for innovative ideas.--In awarding cost-
     sharing assistance under subsection (a), the Under Secretary 
     shall give priority to an eligible organization that includes 
     in the plan of the organization submitted under subsection 
     (c)(2) innovative ideas for improving access to the markets 
     of foreign countries for energy efficiency products and 
     renewable energy products exported by small- and medium-sized 
     businesses in the United States.
       (e) Level of Cost-sharing Assistance.--
       (1) In general.--Subject to paragraph (2), the Under 
     Secretary shall determine an appropriate percentage of the 
     cost of carrying out a plan submitted by an eligible 
     organization under subsection (c)(2) to be provided in the 
     form of assistance under this section.
       (2) Limitation.--Assistance provided under this section may 
     not exceed 50 percent of the cost of carrying out the plan of 
     an eligible organization.

     SEC. 4. REPORT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Commerce, in consultation with the 
     Secretary of Energy, shall submit to Congress a report on the 
     export promotion needs of businesses in the United States 
     that export energy efficiency products or renewable energy 
     products.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Commerce to carry out this Act--
       (1) $15,000,000 for fiscal year 2011;
       (2) $16,000,000 for fiscal year 2012;
       (3) $17,000,000 for fiscal year 2013;
       (4) $18,000,000 for fiscal year 2014; and
       (5) $19,000,000 for fiscal year 2015.

                          ____________________