Library / Laws / 113th / s / S. 2693 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2693
IN THE SENATE OF THE UNITED STATES
July 30, 2014Ms. Cantwell (for herself, Mr. Cardin, Mrs. Shaheen, Mrs. Gillibrand, Ms. Baldwin, and Mr. Walsh) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship
A BILL
To reauthorize the women's business center program of the Small Business Administration, and for
other purposes.
1.
Short
title
This Act may be cited as
the Women's Small Business Ownership Act of 2014.
2.
Definition
In this Act—
(1) the terms
Administration and Administrator mean the Small Business
Administration and the Administrator thereof, respectively;
(2) the term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102);
(3) the term microloan program means the program established under section 7(m) of the Small Business Act (15 U.S.C. 636(m));
(4) the term rural small business concern means a small business concern located in a rural area, as that term is defined in section
1393(a)(2) of the Internal Revenue Code of 1986; and
(5) the terms small business concern, small business concern owned and controlled by veterans, and small business concern owned and controlled by women have the meanings given those terms under section 3 of the Small Business Act (15 U.S.C. 632).
3.
Office of
Women’s Business Ownership
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);
(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);
and
(C) 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), when feasible, providing to
each women’s business center a copy of any site visit
reports or
evaluation reports prepared by district office technical
representatives or
officers or employees of the
Administration.
.
4.
Women’s
Business Center Program
(a)
Women’s
Business Center financial assistance
Section 29 of the
Small Business Act (15 U.S.C. 656) is
amended—
(1) in subsection
(a)—
(A) by striking paragraph (4);
(B) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively;
(C) by inserting
after paragraph (1) the following:
(2) 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;
(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
(D) by adding
after paragraph (5), as so redesignated, 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
The Administrator may award financial assistance under
this subsection of not more than
$250,000 per
project year.
(4)
Consultation
with associations of women’s business centers
The Administrator
shall seek advice, input, and recommendations for policy changes
from any association of women’s business centers to
develop—
(A) a training
program for the staff of women’s business centers;
and
(B) recommendations
to improve the policies and procedures for governing the general
operations and
administration of the women’s business center program, including
grant program
improvements under subsection (g)(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) by adding at the end
the following:
(5)
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;
(ii) as a
condition of receiving financial assistance under subsection (b),
agrees—
(I) to receive a
site visit at the discretion of the Administrator as part of the
final selection
process;
(II) to undergo
an annual programmatic and financial examination; and
(III) 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)
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, as established under the program announcement or by regulation;
(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 2014, 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 an 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) at the discretion of the Administrator, and 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
(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
Section 29 of the Small
Business Act (15 U.S.C. 656) is amended—
(1) in subsection
(h)(2), by striking to award a contract (as a sustainability grant)
under subsection (l) or;
(2) in subsection
(j)(1), by striking The Administration and inserting Not
later than November 1 of each year, the Administrator;
(3) in subsection
(k)—
(A) by striking
paragraphs (1) and (4);
(B) by
redesignating paragraph (3) as paragraph (4);
(C) by
inserting before paragraph (2) the following:
(1)
In
general
There are authorized to be appropriated to the
Administration to carry out this section, to remain available until
expended,
$26,750,000 for each of fiscal years 2015 through 2019.
; and
(D) by inserting after paragraph (2) the following:
(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.
;
(4) in subsection
(m)—
(A) in
paragraph (2), by striking subsection (b) or (l) and inserting
this subsection or subsection (b); and
(B) in
paragraph (4)(D), by striking or subsection (l); and
(5) by
redesignating subsections (m), (n), and (o), as amended by this Act, as
subsections
(l), (m), and (n), respectively.
(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 (a)(5)
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.
5.
Matching
requirements under women's
business center program
(a)
In general
Section 29(c) of the Small Business Act
(15 U.S.C. 656(c)), as amended by section 4 of this Act, is amended—
(1) in paragraph (1),
by striking As a condition and inserting Subject to
paragraph (6), as a condition; and
(2) by adding at the
end the following:
(6)
Waiver of
non-Federal share relating to technical assistance and counseling
(A)
In
general
Upon request by a recipient organization, and in
accordance with this paragraph, the Administrator may waive, in
whole or in
part, the requirement to obtain non-Federal funds under this
subsection for the
technical assistance and counseling activities of the recipient
organization
carried out using financial assistance under this section for a
fiscal year.
The Administrator may not waive the requirement for a recipient
organization to
obtain non-Federal funds under this paragraph for more than a total
of 2 consecutive fiscal
years.
(B)
Considerations
In
determining whether to waive the requirement to obtain non-Federal
funds under
this paragraph, the Administrator shall consider—
(i) the economic
conditions affecting the recipient organization;
(ii) the impact a
waiver under this clause would have on the credibility of the
women's business
center program under this section;
(iii) the
demonstrated ability of the recipient organization to raise
non-Federal funds;
and
(iv) the performance
of the recipient organization.
(C)
Limitation
The
Administrator may not waive the requirement to obtain non-Federal
funds under
this paragraph if granting the waiver would undermine the
credibility of the
women's business center program under this
section.
(7)
Solicitation
Notwithstanding any other provision of law, a recipient organization may—
(A) solicit cash and in-kind contributions from private individuals and entities to be used to carry
out the activities of the recipient organization under the project
conducted under this section; and
(B) use amounts made available by the Administration under this section for the cost of such
solicitation and management of the contributions received.
.
(b)
Regulations
(1)
In general
The Administrator shall—
(A) except as provided in paragraph (2), and not later than 1 year after the date of enactment of this
Act, publish in the Federal Register proposed regulations by the
Administrator to carry out the amendments made
to section 29 of the Small Business Act by this Act; and
(B) accept public comments on such proposed regulations for not less than 60 days.
(2)
Existing proposed regulations
Paragraph (1)(A) shall not apply to the extent proposed regulations by the Administrator have been
published on the date of enactment of this Act that are sufficient to
carry out the amendments made to section 29 of the Small Business Act by
this Act.
6.
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.
7.
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 Veteran 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 Veteran 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 Veteran Business Outreach Centers.
8.
Sole source contracts for small business concerns owned and controlled by women
(a)
In general
Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended by adding at
the end the following:
(7)
Authority for sole source contracts for economically disadvantaged small business concerns owned
and controlled by women in underrepresented industries
A contracting officer may award a sole source contract under this subsection to a small business
concern owned and controlled by women that meets the requirements under
paragraph (2)(A) if—
(A)
the small business concern owned and controlled by women is in an industry in which small business
concerns
owned and controlled by women are underrepresented, as
determined by the Administrator;
(B) the contracting officer determines that the small business concern owned and controlled by women is
a responsible contractor with respect to performance of the
contract opportunity;
(C)
the anticipated award price of the contract, including options, is not more than—
(i)
$6,500,000, in the case of a contract opportunity assigned a North American Industry Classification
System code for
manufacturing; or
(ii)
$4,000,000, in the case of any other contract opportunity; and
(D)
in the estimation of the contracting officer, the contract award can be made at a fair and
reasonable price.
(8)
Authority for sole source contracts for small business concerns owned and controlled by women in
substantially underrepresented industries
A contracting officer may award a sole source contract under this subsection to a small business
concern owned and controlled by women that meets the requirements under
paragraph (2)(E) if—
(A)
the small business concern owned and controlled by women is in an industry in which small business
concerns
owned and controlled by women are substantially underrepresented, as
determined by the Administrator;
(B)
the contracting officer determines that the small business concern owned and controlled by women is
a responsible contractor with respect to performance of the
contract opportunity;
(C)
the anticipated award price of the contract, including options, is not more than—
(i)
$6,500,000, in the case of a contract opportunity assigned a North American Industry Classification
System code for
manufacturing; or
(ii)
$4,000,000, in the case of any other contract opportunity; and
(D)
in the estimation of the contracting officer, the contract award can be made at a fair and
reasonable price.
.
(b)
Reporting on goals for sole source contracts for small business concerns owned and controlled by
women
Section 15(h)(2)(E)(viii) of the Small Business Act (15 U.S.C. 644(h)(2)(E)(viii)) is amended—
(1)
in subclause (IV), by striking and at the end;
(2)
by redesignating subclause (V) as subclause (VIII); and
(3)
by inserting after subclause (IV) the following:
(V)
through sole source contracts awarded under section 8(m)(7);
(VI)
through sole source contracts awarded under section 8(m)(8);
(VII)
by industry for contracts described in subclause (III), (IV), (V), or (VI); and
.
(c)
Deadline for report on underrepresented industries accelerated
Section 29(o)(2) of the Small Business Act (15 U.S.C. 656(o)(2)) is amended—
(1)
by striking 5 years after the date of enactment of this subsection and inserting January 2, 2015; and
(2) by striking 5-year period and inserting 2-year or 5-year period, as applicable,.
(d)
Technical and conforming amendments
Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended—
(1) in paragraph (2)(C), by striking paragraph (3) and inserting paragraph (4); and
(2) in paragraph (5), by striking paragraph (2)(F) each place it appears and inserting paragraph (2)(E).
9.
Small business intermediary lending program
Section 7(l) of the Small Business Act (15 U.S.C. 636(l)) is amended—
(1)
in the subsection heading, by striking Pilot;
(2)
in paragraph (1)(B), by striking pilot;
(3)
in paragraph (2)—
(A)
by striking 3-year ; and
(B)
by striking pilot;
(4)
in paragraph (4)—
(A)
by striking subparagraph (B) and inserting the following:
(B)
Loan limits
(i)
In general
No single loan to an eligible intermediary under this subsection may exceed $1,000,000.
(ii)
Total amount
The total amount outstanding and committed to an eligible intermediary by the
Administrator under the Program may not exceed
$5,000,000.
; and
(B)
by striking subparagraph (G) and inserting the following:
(G)
Maximum amounts
The Administrator may make loans under the
Program—
(i) during each of fiscal years 2015, 2016, and 2017, in a total amount of not more than $20,000,000;
and
(ii) during fiscal year 2018 and each fiscal year thereafter, using such amounts as are made available
for the Program.
; and
(5)
by striking paragraph (6).
10.
Access to capital for small business concerns
(a)
Microloan program
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended—
(1) in paragraph (1)(B)(i), by striking short-term,;
(2) in paragraph (3)(C), by striking $5,000,000 and inserting $7,000,000;
(3) in paragraph (4)—
(A) by striking subparagraph
(E); and
(B) by redesignating subparagraph (F) as subparagraph (E);
(4) in paragraph (6)—
(A) in subparagraph (A), by striking short-term,; and
(B) by adding at the end the following:
(F)
Report to commercial credit reporting agencies
The Administrator shall establish a process under which an intermediary that makes a loan to a
small business concern under this paragraph shall provide to 1 or more of
the commercial
credit reporting agencies, through the Administration or independently,
including through third party intermediaries, information on the small
business concern that is relevant to credit
reporting, including the payment activity of the small business concern on
the loan.
;
(5) in paragraph (7)—
(A) by striking Program and all that follows through Under and inserting the following: Number of participants.—Under; and
(B) by striking subparagraph (B);
(6) in paragraph (8), by striking such intermediaries and all the follows through the period at the end and inserting the following: intermediaries that serve a diversity of geographic areas in the United States to ensure
appropriate availability of loans for small business concerns in all
industries that are located in metropolitan, nonmetropolitan, and rural
areas.; and
(7) in paragraph (11)(B), by striking short-term,.
(b)
Guarantee fee waiver
During fiscal year 2016, the Administrator may not collect a guarantee fee under section
7(a)(18)(A)(i) of the Small Business Act (15 U.S.C. 636(a)(18)(A)(i)) with
respect to a loan guaranteed under section 7(a) of such Act, unless
amounts are made available to the Administrator to subsidize the cost of
guaranteeing such loans for fiscal year 2016.
(c)
Annual report
(1)
In general
Not later than 1 year after the date of enactment of this Act, and every year thereafter, the
Office of Capital Access of the Administration 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
assistance provided by the Administration under—
(A) section 7(a) of the Small Business Act (15 U.S.C. 636(a));
(B) the microloan program;
(C) part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.); and
(D) section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696).
(2)
Requirement
Each report required under paragraph (1) shall include, for the year preceding the date on which
the
report is submitted—
(A) for each type of assistance described under subparagraphs (A), (B), and (D) of paragraph (1)—
(i) the number of loans made by the Administration;
(ii) the total amount of loans made by the Administration;
(iii) the percentage of the number and total amount of loans made by the Administration to—
(I) rural small business concerns;
(II) small business concerns owned and controlled by individuals with a disability;
(III) small business concerns owned and controlled by low-income individuals, broken down by each racial
or
ethnic minority group of which those individuals are members;
(IV) small business concerns owned and controlled by veterans;
(V) small business concerns owned and controlled by women; and
(VI) small business concerns owned and controlled by members of a racial or ethnic minority group,
broken down by each such racial or ethnic minority group; and
(iv) the number of jobs created and retained by borrowers as a result of such assistance; and
(B) for assistance described under subparagraph (C) of paragraph (1)—
(i) the number of investments made by small business investment companies;
(ii) the total amount of equity capital provided and loans made by small business investment companies;
(iii) the percentage of the number of investments and loans made and total amount of equity capital
provided by small business investment companies to—
(I) rural small business concerns;
(II) small business concerns owned and controlled by individuals with a disability;
(III) small business concerns owned and controlled by low-income individuals, broken down by each racial
or
ethnic minority group of which those individuals are members;
(IV) small business concerns owned and controlled by veterans;
(V) small business concerns owned and controlled by women; and
(VI) small business concerns owned and controlled by members of a racial or ethnic minority group,
broken down by each such racial or ethnic minority group;
(iv) the number of jobs created and retained by small business concerns as a result of investments made
by small business investment companies; and
(v) the number of licenses issued by the Administration under section 301(c) of the Small Business
Investment Act (15 U.S.C. 681(c)), including the percentage of licenses
issued to entities headed by a woman or a member of a racial or ethnic
minority, respectively.
11.
Sense of the Senate
It is the sense of the Senate that—
(1) access to capital for small business concerns owned and controlled by women comes from a variety of
sources, including important contributions and early investments from
angel capital and other venture capital investors; and
(2) those investors should continue to work to develop small business concerns owned and controlled by
women to expand the rate at which those women receive venture
investment.