115th CONGRESS 2d Session |
May 9, 2018
Received; read twice and referred to the Committee on Small Business and Entrepreneurship
To amend the Small Business Act to improve the small business development centers program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This subtitle may be cited as the “Small Business Development Centers Improvement Act of 2018”.
SEC. 2. Use of authorized entrepreneurial development programs.
The Small Business Act (15 U.S.C. 631 et seq.) is amended—
(1) by redesignating section 47 as section 48; and
(2) by inserting after section 46 the following new section:
“SEC. 47. Use of authorized entrepreneurial development programs.
“(a) Expanded support for entrepreneurs.—
“(1) IN GENERAL.—Notwithstanding any other provision of law, the Administrator shall only deliver entrepreneurial development services, entrepreneurial education, support for the development and maintenance of clusters, or business training through a program authorized under—
“(A) section 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, or 32 of this Act; or
“(B) sections 358 or 389 of the Small Business Investment Act of 1958.
“(2) EXCEPTION.—This section shall not apply to services provided to assist small business concerns owned by an Indian tribe (as such term is defined in section 8(a)(13)).
“(b) Annual report.—Beginning on the first December 1 after the date of the enactment of this subsection, the Administrator shall annually report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on all entrepreneurial development activities undertaken in the current fiscal year through a program described in subsection (a). Such report shall include—
“(1) a description and operating details for each program and activity;
“(2) operating circulars, manuals, and standard operating procedures for each program and activity;
“(3) a description of the process used to award grants under each program and activity;
“(4) a list of all awardees, contractors, and vendors (including organization name and location) and the amount of awards for the current fiscal year for each program and activity;
“(5) the amount of funding obligated for the current fiscal year for each program and activity; and
“(6) the names and titles for those individuals responsible for each program and activity.”.
SEC. 3. Marketing of services.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:
“(o) No prohibition of marketing of services.—The Administrator shall not prohibit applicants receiving grants under this section from marketing and advertising their services to individuals and small business concerns.”.
(a) In general.—Section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) is amended—
(1) by striking “as provided in this section and” and inserting “as provided in this section,”; and
(2) by inserting before the period at the end the following: “, and (iv) governing data collection activities related to applicants receiving grants under this section”.
(b) Annual report on data collection.—Section 21 of the Small Business Act (15 U.S.C. 648), as amended by section 3 of this Act, is further amended by adding at the end the following:
“(p) Annual report on data collection.—The Administrator shall report annually to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on any data collection activities related to the Small Business Development Center Program.”.
(c) Working group To improve data collection.—
(1) ESTABLISHMENT AND STUDY.—The Administrator of the Small Business Administration shall establish a group to be known as the “Data Collection Working Group ” consisting of members from entrepreneurial development grant recipients associations and organizations and officials from the Small Business Administration, to carry out a study to determine the best way to capture data collection and create or revise existing systems dedicated to data collection.
(2) REPORT.—Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Data Collection Working Group shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate containing the findings and determinations made in carrying out the study required under paragraph (1), including—
(A) recommendations for revising existing data collection practices; and
(B) a proposed plan for the Small Business Administration to implement such recommendations.
SEC. 5. Fees from private partnerships and cosponsorships.
Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)(C)), as amended by section 4, is further amended by adding at the end the following:
“(D) Fees from private partnerships and cosponsorships.—A small business development center that participates in a private partnership or cosponsorship with the Administration shall not be prohibited from collecting fees or other income related to the operation of such a private partnership or cosponsorship.”.
SEC. 6. Equity for small business development centers.
Subclause (I) of section 21(a)(4)(C)(v) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(v)) is amended to read as follows:
“(I) IN GENERAL.—Of the amounts made available in any fiscal year to carry out this section, not more than $600,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1).”.
SEC. 7. Confidentiality requirements.
Section 21(a)(7)(A) of the Small Business Act (15 U.S.C. 648(a)(7)(A)) is amended by inserting after “under this section” the following: “to any State, local, or Federal agency, or to any third party”.
SEC. 8. Limitation on award of grants to small business development centers.
(a) In general.—Section 21 of the Small Business Act (15 U.S.C. 648), as amended by section 4, is further amended—
(1) in subsection (a)(1), by striking “any women's business center operating pursuant to section 29,”; and
(2) by adding at the end the following:
“(q) Limitation on award of grants.—Except for not-for-profit institutions of higher education, and notwithstanding any other provision of law, the Administrator may not award grants (including contracts and cooperative agreements) under this section to any entity other than those that received grants (including contracts and cooperative agreements) under this section prior to the date of the enactment of this subsection, and that seek to renew such grants (including contracts and cooperative agreements) after such date.”.
(b) Rule of Construction.—The amendments made by this section may not be construed as prohibiting a women’s business center (as described under section 29 of the Small Business Act (15 U.S.C. 656)) from receiving a subgrant from an entity receiving a grant under section 21 of the Small Business Act (15 U.S.C. 648).
Passed the House of Representatives May 8, 2018.
| Attest: | karen l. haas, |
| Clerk |