SUCCESS Act of 2012

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

Paragraph (4) of section 1202(a) is amended—

(1) by striking January 1, 2012 and inserting January 1, 2014, and

(2) by striking and 2011 and inserting, 2011, 2012, and 2013 in the heading thereof.

Paragraph (3) of section 1202(a) is amended by adding at the end the following new flush sentence: In the case of any stock which would be described in the preceding sentence (but for this sentence), the acquisition date for purposes of this subsection shall be the first day on which such stock was held by the taxpayer determined after the application of section 1223..

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

The amendments made by subsection (a) shall apply to stock acquired after December 31, 2011.

The amendment made by subsection (b)(1) shall take effect as if included in section 1241(a) of division B of the American Recovery and Reinvestment Act of 2009.

The amendment made by subsection (b)(2) shall take effect as if included in section 2011(a) of the Creating Small Business Jobs Act of 2010.

Paragraph (3) of section 195(b) is amended—

(1) by inserting, 2012, or 2013 after 2010, and

(2) by inserting 2012, and 2013 in the heading thereof.

The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011.

Paragraph (7) of section 1374(d) is amended—

(1) by redesignating subparagraph (C) as subparagraph (D), and

(2) by inserting after subparagraph (B) the following new subparagraph:

For dispositions of property in taxable years beginning in 2012 or 2013, subparagraphs (A) and (D) shall be applied by substituting 5-year for 10-year.

Subparagraph (B) of section 1374(d)(2) is amended by inserting described in subparagraph (A) after, for any taxable year.

The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2011.

Subparagraph (A) of section 39(a)(4) is amended by inserting or in taxable years beginning in 2012, or 2013 after 2010.

Section 38(c)(5)(B) is amended—

(1) by striking the sum of, and

(2) by inserting for any taxable year to which subparagraph (A) applies after or (4).

The amendment made by subsection (a) shall apply to credits determined in taxable years beginning after December 31, 2011.

The amendments made by subsection (b) shall take effect as if included in section 2013(a) of the Creating Small Business Jobs Act of 2010.

Section 179(b)(1) is amended—

(A) by striking and at the end of subparagraph (C),

(B) by redesignating subparagraph (D) as subparagraph (E),

(C) by inserting after subparagraph (C) the following new subparagraph:

(D) $500,000 in the case of taxable years beginning in 2013, and, and

(D) in subparagraph (E), as so redesignated, by striking 2012 and inserting 2013.

Section 179(b)(2) is amended—

(A) by striking and at the end of subparagraph (C),

(B) by redesignating subparagraph (D) as subparagraph (E),

(C) by inserting after subparagraph (C) the following new subparagraph:

(D) $2,000,000 in the case of taxable years beginning in 2013, and, and

(D) in subparagraph (E), as so redesignated, by striking 2012 and inserting 2013.

Section 179(d)(1)(A)(ii) is amended by striking 2013 and inserting 2014.

Section 179(c)(2) is amended by striking 2013 and inserting 2014.

Section 179(f)(1) is amended by striking 2010 or 2011 and inserting 2010, 2011, or 2013.

Section 179(f)(4) is amended by striking subparagraphs (A) through (C) and inserting the following:

Notwithstanding subsection (b)(3)(B)—

(i) no amount attributable to qualified real property placed in service in any taxable year beginning in 2010 or 2011 may be carried over to any taxable year beginning after 2011, and

(ii) no amount attributable to qualified real property placed in service in any taxable year beginning in 2013 may be carried over to any taxable year beginning after 2013.

Except as provided in subparagraph (C)—

To the extent that any amount is not allowed to be carried over to a taxable year beginning after 2011 by reason of subparagraph (A)(i), this title shall be applied as if no election under this section had been made with respect to such amount.

To the extent that any amount is not allowed to be carried over to a taxable year beginning after 2013 by reason of subparagraph (A)(ii), this title shall be applied as if no election under this section had been made with respect to such amount.

If subparagraph (B)(i) applies to any amount (or portion of an amount) which is carried over from a taxable year other than the taxpayer's last taxable year beginning in 2011, such amount (or portion of an amount) shall be treated for purposes of this title as attributable to property placed in service on the first day of the taxpayer's last taxable year beginning in 2011.

If subparagraph (B)(ii) applies to any amount (or portion of an amount) which is carried over from a taxable year other than the taxpayer's last taxable year beginning in 2013, such amount (or portion of an amount) shall be treated for purposes of this title as attributable to property placed in service on the first day of the taxpayer's last taxable year beginning in 2013.

The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

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

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

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

Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended by adding at the end the following:

The dollar amounts in subparagraph (A)(ii), subparagraph (B), and subparagraph (C)(ii)(I) shall be adjusted annually to reflect increases in the Consumer Price Index established by the Bureau of Labor Statistics of the Department of Labor (in this subparagraph referred to as the CPI).

The adjustments required by clause (i)—

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

(II) with respect to dollar amounts in subparagraph (B) shall reflect increases in the CPI annually on and after the date of enactment of this subparagraph.

Section 303 of the Small Business Investment Act of 1958 (15 U.S.C. 683) is amended by adding at the end the following:

Annually, the Administrator shall make public on its website the following information with respect to each small business investment company:

(1) The amount of capital deployed since fund inception.

(2) The amount of leverage drawn since fund inception.

(3) The number of investments since fund inception.

(4) The number of businesses receiving capital since fund inception.

(5) Industry sectors receiving investment since fund inception.

(6) The amount of leverage principal repaid by the small business investment company since fund inception.

(7) A basic description of investment strategy.

Section 301 of the Small Business Investment Act of 1958 (15 U.S.C. 681) is amended—

(1) by redesignating subsection (e) as subsection (d); and

(2) in subsection (d)(2)(B), as so redesignated, by inserting before the period at the end the following: and other small business investment company program needs.

It is the sense of Congress that—

(1) small business investment companies would benefit from partnerships with community banks and other lenders, and should work with community banks and other lenders, to ensure that if community banks and other lenders deny an application by a small business concern for a loan, the community banks or other lenders will refer the small business concern to small business investment companies; and

(2) the Administrator of the Small Business Administration (in this Act referred to as the Administrator) should—

(A) increase outreach to community banks and other lenders to encourage community banks and other lenders to invest in small business investment companies;

(B) use the Internet to make publicly available in a timely manner which small business investment companies are actively soliciting investments and making investments in small business concerns;

(C) partner with governors, mayors, States, and municipalities to increase outreach by small business investment companies to underserved and rural areas; and

(D) continue to make changes to the webpage for the small business investment company program, to make the webpage—

(i) a more prominent part of the website of the Administration; and

(ii) more user-friendly.

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

Section 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following:

In this subsection, the term covered loan means a loan made or debenture issued under this Act or the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) by a private individual or entity.

Not later than 6 months after the date of enactment of this subsection, the Administrator shall make publicly available on the website of the Administration a user-friendly database of information relating to lenders making covered loans (to be known as the Lender Activity Index).

The database made available under paragraph (2) shall include, for each lender making a covered loan—

(i) the name of the lender;

(ii) the number of covered loans made by the lender;

(iii) the total dollar amount of covered loans made by the lender;

(iv) a list of each ZIP code in which a recipient of a covered loan made by the lender is located;

(v) a list of the industries of the recipients to which the lender made a covered loan;

(vi) whether the covered loan is for an existing business or a new business;

(vii) the number and total dollar amount of covered loans made by the lender to—

(I) small business concerns owned and controlled by women;

(II) socially and economically disadvantaged small business concerns (as defined in section 8(a)(4)(A)); and

(III) small business concerns owned and controlled by veterans; and

(viii) whether the covered loan was made under section 7(a) or under the program to provide financing to small business concerns through guarantees of loans under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.).

The Administrator shall—

(i) include in the database made available under paragraph (2) information relating to covered loans made during fiscal years 2009, 2010, 2011, and 2012; and

(ii) incorporate information relating to covered loans on an ongoing basis.

The Administrator shall retain information relating to a covered loan in the database made available under paragraph (2) until not earlier than the end of the third fiscal year beginning after the fiscal year during which the covered loan was made.

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

Not later than 180 days after the date of enactment of this Act, the Director of International Trade of the Small Business Administration shall, after consultation with the entities specified in subsection (b), submit to the Committee on Small Business and Entrepreneurship and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Small Business and the Committee on Foreign Affairs of the House of Representatives a report that includes the recommendations of the Director for improving the experience provided by the website Export.gov (or a successor website) as—

(1) a comprehensive resource for information about exporting articles from the United States; and

(2) a single website for exporters to submit all information required by the Federal Government with respect to the exportation of articles from the United States.

The entities specified in this subsection are—

(1) small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) that are exporters; and

(2) the President's Export Council, State agencies with responsibility for export promotion or export financing, district export councils, and trade associations.

Not later than 180 days after the date of enactment of this Act, the Chief Counsel for Advocacy of the Small Business Administration shall submit to the appropriate congressional committees a report assessing the benefits of developing a website to serve as—

(1) a comprehensive resource for complying with and information about the export control laws and regulations of the United States; and

(2) a single website for exporters to submit all information required by the Federal Government with respect to export controls.

In this section, the term appropriate congressional committees means—

(1) the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Small Business and Entrepreneurship of the Senate; and

(2) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Committee on Small Business of the House of Representatives.

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

Section 22 of the Small Business Act (15 U.S.C. 649) is amended—

(1) by redesignating subsection (l) as subsection (n); and

(2) by inserting after subsection (k) the following:

The Associate Administrator shall ensure that all programs of the Administration to support exporting by small business concerns place a priority on educating small business concerns about Federal export control regulations.

The Administrator, in consultation with the Secretary of Agriculture, the President of the Export-Import Bank of the United States, and the President of the Overseas Private Investment Corporation shall jointly establish a Small Business Inter-Agency Task Force on Export Financing to—

(1) review and improve Federal export finance programs for small business concerns; and

(2) coordinate the activities of the Federal Government to assist small business concerns seeking to export.

In coordination with the Secretary of Agriculture, the Administrator shall develop a program to cross-train export finance specialists and personnel from the Office of International Trade of the Administration on the export financing programs of the Department of Agriculture and the Foreign Agricultural Service.

In coordination with the Secretary of Agriculture and the Foreign Agricultural Service, the Administrator shall develop a program to cross-train export finance specialists, personnel from the Office of International Trade of the Administration, Small Business Development Centers, women's business centers, the Service Corps of Retired Executives authorized by section 8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1)), Export Assistance Centers, and other resource partners of the Administration on the export assistance and business counseling programs of the Department of Agriculture.

Section 7(a)(16)(F) of the Small Business Act (15 U.S.C. 636(a)(16)(F)) is amended—

(1) in clause (i)—

(A) by redesignating subclauses (I) through (III) as items (aa) through (cc), respectively, and adjusting the margins accordingly;

(B) by striking list, have made and inserting the following: “list—

(I) have made;

(C) in item (cc), as so redesignated, by striking the period at the end and inserting; and; and

(D) by adding at the end the following:

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

(aa) loans guaranteed by the Administration; or

(bb) loans through the programs offered by the United States Department of Agriculture or the Foreign Agricultural Service.; and

(2) in clause (ii)(II), by inserting and by resource partners of the Administration after the Administration.

Section 21(c)(3)(M) of the Small Business Act (15 U.S.C. 648(c)(3)(M)) is amended by inserting after the Department of Commerce, the following: the Department of Agriculture,.

Section 22(c)(7) of the Small Business Act (15 U.S.C. 649(c)(7)) is amended—

(1) in subparagraph (C), by striking and at the end;

(2) by redesignating subparagraph (D) as subparagraph (E); and

(3) by inserting after subparagraph (C) the following:

(D) publishing an annual list of relevant resources and programs of the district and regional offices of the Administration, other Federal agencies, the small business development center network, Export Assistance Centers, the network of women's business centers, chapters of the Service Corps of Retired Executives, State and local export promotion programs, and partners in the private sector, that—

(i) are administered or offered by entities located in rural or nonmetropolitan statistical areas; and

(ii) offer export assistance or business counseling services to rural small businesses concerns; and.

Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a program to register export management companies, as that term is defined by the Department of Commerce, and export trading companies, as that term is defined in section 103 of the Export Trading Company Act of 1982 (15 U.S.C. 4002).

The program established under subsection (a) shall—

(1) be similar to the program of the Administration for registering franchise companies, as in effect on the date of enactment of this Act; and

(2) require that a list of the export management companies and export trading companies that register under the program, categorized by the type of product exported by the company, be made available on the website of the Administration.

Section 22(c) of the Small Business Act (15 U.S.C. 649(c)) is amended—

(1) in paragraph (12), by striking and at the end;

(2) in paragraph (13), by striking the period at the end and inserting; and; and

(3) by adding at the end the following:

(14) in coordination with other relevant Federal agencies, encourage the participation of employees and resource partners of the Administration in reverse trade missions hosted or sponsored by the Federal Government.

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

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

Section 22 of the Small Business Act (15 U.S.C. 649), as amended by section 305 of this Act, is amended by adding at the end the following:

The Associate Administrator shall develop and maintain a small business trade strategy that is included in the report on the governmentwide strategic plan for Federal trade promotion required to be submitted to Congress by the Trade Promotion Coordinating Committee under section 2312(f)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)(1)) that includes, at a minimum—

(A) strategies to increase export opportunities for small business concerns, including a specific strategy to increase opportunities for small business concerns that are new to exporting;

(B) recommendations to increase the competitiveness in the global economy of small business concerns in the United States that are part of industries in which small business concerns account for a high proportion of participating businesses;

(C) recommendations to protect small business concerns from unfair trade practices, including intellectual property violations;

(D) recommendations for strategies to promote and facilitate opportunities in the foreign markets that are most accessible for small business concerns that are new to exporting; and

(E) strategies to expand the representation of small business concerns in the formation and implementation of United States trade policy.

At the beginning of each fiscal year, the Associate Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the small business trade strategy required under paragraph (1), which shall contain, at a minimum—

(A) a description of each strategy and recommendation described in paragraph (1);

(B) specific policies and objectives, together with timelines for the implementation of such policies and objectives; and

(C) a description of the progress of the Administration in implementing the strategies and recommendations contained in the report submitted for the preceding fiscal year.

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

The Administrator, in consultation with a representative from each entrepreneurial development program of the Administration, shall develop and submit to Congress a plan for using the entrepreneurial development programs of the Administration to create jobs during fiscal years 2013 and 2014.

The plan required under subparagraph (A) shall—

(i) include the plan of the Administrator for using existing programs, including small business development centers, women’s business centers, the Service Corps of Retired Executives authorized by section 8(b)(1), Veterans Business Outreach Centers, and programs of the Office of Native American Affairs, to create jobs;

(ii) identify a strategy for each region of the Administration to use programs of the Administration to create or retain jobs in the region; and

(iii) establish performance measures and criteria, including goals for job creation, job retention, and job retraining, to evaluate the success of the plan.

The Administrator shall, after notice and opportunity for comment, promulgate a rule to develop and implement a consistent data collection process for the entrepreneurial development programs.

The data collection process developed under subparagraph (A) shall collect data relating to job creation and performance and any other data determined appropriate by the Administrator.

The Administrator, in consultation with other Federal departments and agencies as the Administrator determines is appropriate, shall submit an annual report to Congress describing opportunities to foster coordination of, limit duplication among, and improve program delivery for Federal entrepreneurial development programs.

After providing a period of 60 days for public comment, the Administrator shall—

(i) establish a database of providers of entrepreneurial development services; and

(ii) make the database available through the website of the Administration.

The database established under subparagraph (A) shall be searchable by industry, geographic location, and service required.

The Administrator shall designate not fewer than 1 staff member in each district office of the Administration as a community specialist whose full-time responsibility is working with local providers of entrepreneurial development services to increase coordination with Federal entrepreneurial development programs.

The Administrator shall develop benchmarks for measuring the performance of community specialists under this paragraph.

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

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

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:

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.

The Administrator shall maximize the transparency of the women’s business center financial assistance proposal process and the programmatic and financial examination process by—

(A) providing public notice of any announcement for financial assistance under subsection (b) or a grant under subsection (l) not later than the end of the first quarter of each fiscal year;

(B) in the announcement described in subparagraph (A), outlining award and program evaluation criteria and describing the weighting of the criteria for financial assistance under subsection (b) and grants under subsection (l);

(C) minimizing paperwork and reporting requirements for applicants for and recipients of financial assistance under this section;

(D) standardizing the programmatic and financial examination process; and

(E) providing to each women’s business center, not later than 60 days after the completion of a site visit to the women's business center (whether conducted for an audit, performance review, or other reason), a copy of any site visit reports or evaluation reports prepared by district office technical representatives or officers or employees of the Administration.

Section 29 of the Small Business Act (15 U.S.C. 656) is amended—

(A) in subsection (a)—

(i) by striking paragraphs (1) and (4);

(ii) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and

(iii) by inserting before paragraph (4), as so redesignated, the following:

(2) the term Director means the Director of the Office of Women's Business Ownership established under subsection (g);

(B) by striking Assistant Administrator each place that term appears and inserting Director; and

(C) in subsection (g)(2), in the paragraph heading, by striking Assistant Administrator and inserting Director.

Title IV of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7101 et seq.) is amended—

(A) in section 403(a)(2)(B), by striking Assistant Administrator and inserting Director;

(B) in section 405, by striking Assistant Administrator and inserting Director; and

(C) in section 406(c), by striking Assistant Administrator and inserting Director.

Section 29 of the Small Business Act (15 U.S.C. 656) is amended—

(1) in subsection (a), as amended by section 423(b) of this Act—

(A) by inserting before paragraph (2) the following:

(1) the term association of women’s business centers means an organization—

(A) that represents not less than 51 percent of the women’s business centers that participate in a program under this section; and

(B) whose primary purpose is to represent women’s business centers;

(B) by inserting after paragraph (2) the following:

(3) the term eligible entity means—

(A) a private nonprofit organization;

(B) a State, regional, or local economic development organization;

(C) a development, credit, or finance corporation chartered by a State;

(D) a junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)); or

(E) any combination of entities listed in subparagraphs (A) through (D);; and

(C) by adding after paragraph (5) the following:

(6) the term women's business center means a project conducted by an eligible entity under this section.;

(2) in subsection (b)—

(A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and adjusting the margins accordingly;

(B) by striking The Administration and all that follows through 5-year projects and inserting the following:

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:

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:

The Administrator may award financial assistance under this subsection of not less than $100,000 and not more than $150,000 per year.

The Administrator may award financial assistance under this subsection to a recipient in an amount that is less than $100,000 if the Administrator determines that the recipient is unable to make a non-Federal contribution of $100,000 or more, as required under subsection (c).

If the Administration has insufficient funds to provide financial assistance of not less than $100,000 for each recipient of financial assistance under this subsection in any fiscal year, the Administrator shall provide an equal amount of financial assistance to each recipient in the fiscal year, unless a recipient requests a lower amount than the allocated amount.

The Administrator shall consult with each association of women’s business centers to develop—

(A) a training program for the staff of women’s business centers and the Administration; and

(B) recommendations to improve the policies and procedures for governing the general operations and administration of the women’s business center program, including grant program improvements under subsection (g)(4).;

(3) in subsection (c)—

(A) in paragraph (1) by striking the recipient organization and inserting an eligible entity;

(B) in paragraph (3), in the second sentence, by striking a recipient organization and inserting an eligible entity;

(C) in paragraph (4)—

(i) by striking recipient of assistance and inserting eligible entity;

(ii) by striking such organization and inserting the eligible entity; and

(iii) by striking recipient and inserting eligible entity; and

(D) in paragraph (5)—

(i) in subparagraph (A), by striking a recipient organization and inserting an eligible entity; and

(ii) by striking the recipient organization each place it appears and inserting the eligible entity; and

(E) by adding at end the following:

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:

Each eligible entity desiring financial assistance under subsection (b) shall submit to the Administrator an application that contains—

(A) a certification that the eligible entity—

(i) has designated an executive director or program manager, who may be compensated using financial assistance under subsection (b) or other sources, to manage the center on a full-time basis;

(ii) as a condition of receiving financial assistance under subsection (b), agrees—

(I) to receive a site visit by the Administrator as part of the final selection process;

(II) to undergo an annual programmatic and financial examination; and

(III) to the maximum extent practicable, to remedy any problems identified pursuant to the site visit or examination under subclause (I) or (II); and

(iii) meets the accounting and reporting requirements established by the Director of the Office of Management and Budget;

(B) information demonstrating that the eligible entity has the ability and resources to meet the needs of the market to be served by the women's business center for which financial assistance under subsection (b) is sought, including the ability to obtain the non-Federal contribution required under subsection (c);

(C) information relating to the assistance to be provided by the women's business center for which financial assistance under subsection (b) is sought in the area in which the women's business center is located;

(D) information demonstrating the experience and effectiveness of the eligible entity in—

(i) conducting financial, management, and marketing assistance programs, as described in subsection (b)(2), which are designed to teach or upgrade the business skills of women who are business owners or potential business owners;

(ii) providing training and services to a representative number of women who are socially and economically disadvantaged; and

(iii) working with resource partners of the Administration and other entities, such as universities; and

(E) a 5-year plan that describes the ability of the women's business center for which financial assistance is sought—

(i) to serve women who are business owners or potential business owners by conducting training and counseling activities; and

(ii) to provide training and services to a representative number of women who are socially and economically disadvantaged.

The Administrator shall make any request for additional information from an organization applying for financial assistance under subsection (b) that was not requested in the original announcement in writing.

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.

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.

The selection criteria for financial assistance under subsection (b) shall include—

(I) the experience of the applicant in conducting programs or ongoing efforts designed to teach or enhance the business skills of women who are business owners or potential business owners;

(II) the ability of the applicant to begin a project within a minimum amount of time;

(III) the ability of the applicant to provide training and services to a representative number of women who are socially and economically disadvantaged; and

(IV) the location for the women's business center proposed by the applicant, including whether the applicant is located in a State in which there is not a women's business center receiving funding from the Administration.

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.

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:

The Administrator shall solicit applications and award grants under this subsection for the first fiscal year beginning after the date of enactment of the Women's Small Business Ownership Act of 2012, and every third fiscal year thereafter.

Each eligible entity desiring a grant under this subsection shall submit to the Administrator an application that contains—

(i) a certification that the applicant—

(I) is an eligible entity;

(II) has designated a full-time executive director or program manager to manage the women's business center operated by the applicant; and

(III) as a condition of receiving a grant under this subsection, agrees—

(aa) to receive a site visit as part of the final selection process;

(bb) to submit, for the 2 full fiscal years before the date on which the application is submitted, annual programmatic and financial examination reports or certified copies of the compliance supplemental audits under OMB Circular A–133 of the applicant; and

(cc) to remedy any problem identified pursuant to the site visit or examination under item (aa) or (bb);

(ii) information demonstrating that the applicant has the ability and resources to meet the needs of the market to be served by the women's business center for which a grant under this subsection is sought, including the ability to obtain the non-Federal contribution required under paragraph (4)(C);

(iii) information relating to assistance to be provided by the women's business center in the area served by the women's business center for which a grant under this subsection is sought;

(iv) information demonstrating that the applicant has worked with resource partners of the Administration and other entities;

(v) a 3-year plan that describes the ability of the women's business center for which a grant under this subsection is sought—

(I) to serve women who are business owners or potential business owners by conducting training and counseling activities; and

(II) to provide training and services to a representative number of women who are socially and economically disadvantaged; and

(vi) any additional information that the Administrator may reasonably require.

The Administrator shall—

(I) review each application submitted under subparagraph (B), based on the information described in such subparagraph and the criteria set forth under clause (ii) of this subparagraph; and

(II) whenever practicable, as part of the final selection process, conduct a site visit to each women's business center for which a grant under this subsection is sought.

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.

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.

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.

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.

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:

There shall be no limitation on the number of times the Administrator may award a grant to an applicant under this subsection.

Section 29 of the Small Business Act (15 U.S.C. 656) is amended—

(A) in subsection (h)(2), by striking to award a contract (as a sustainability grant) under subsection (l) or;

(B) in subsection (j)(1), by striking The Administration and inserting Not later than November 1 of each year, the Administrator;

(C) in subsection (k)—

(i) by striking paragraphs (1), (2), and (4);

(ii) by redesignating paragraph (3) as paragraph (4); and

(iii) by inserting before paragraph (4), as so redesignated, the following:

There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $14,500,000 for each of fiscal years 2013, 2014, and 2015.

Amounts made available under this subsection may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section.

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.

If the Administrator has entered into a grant or cooperative agreement with a women's business center under this section, the Administrator may not suspend or terminate the grant or cooperative agreement, unless the Administrator—

(i) provides the women's business center with written notification setting forth the reasons for that action; and

(ii) affords the women's business center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code.;

(D) in subsection (m)—

(i) in paragraph (2), by striking subsection (b) or (l) and inserting this subsection or subsection (b); and

(ii) in paragraph (4)(D), by striking or subsection (l); and

(E) by redesignating subsections (m) and (n), as amended by this Act, as subsections (l) and (m), respectively.

Section 1401(c)(2) of the Small Business Jobs Act of 2010 (15 U.S.C. 636 note) is amended—

(A) in subparagraph (A), by striking and at the end;

(B) in subparagraph (B), by striking the period at the end and inserting; and; and

(C) by adding at the end the following:

(C) by redesignating paragraph (6), as added by section 424(a)(3)(E) of the Women's Small Business Ownership Act of 2012, as paragraph (5).

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.

The Administrator may award a grant under section 29(l) of the Small Business Act, as so redesignated by subsection (b)(1)(E) of this section, to a nonprofit organization receiving a grant under section 29(m) of the Small Business Act (15 U.S.C. 656(m)), as in effect on the day before the date of enactment of this Act, for the period—

(A) beginning on the day after the last day of the grant agreement under such section 29(m); and

(B) ending at the end of the third fiscal year beginning after the date of enactment of this Act.

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.

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.

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.

The Comptroller General of the United States shall conduct a study of the oversight of women's business centers by the Administrator, which shall include—

(1) an analysis of the coordination by the Administrator of the activities of women's business centers with the activities of small business development centers, the Service Corps of Retired Executives, and Veterans Business Outreach Centers;

(2) a comparison of the types of individuals and small business concerns served by women's business centers and the types of individuals and small business concerns served by small business development centers, the Service Corps of Retired Executives, and Veterans Business Outreach Centers; and

(3) an analysis of performance data for women's business centers that evaluates how well women's business centers are carrying out the mission of women's business centers and serving individuals and small business concerns.

Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study under subsection (a), which shall include recommendations, if any, for eliminating the duplication of services provided by women's business centers, small business development centers, the Service Corps of Retired Executives, and Veterans Business Outreach Centers.

Section 21 of the Small Business Act (15 U.S.C. 648) is amended—

(1) in subsection (a)(1), by striking : Provided, That and all that follows through on such date. and inserting the following:. On and after December 31, 2013, the Administrator may only make a grant under this paragraph to an applicant that is an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), that is accredited (and not merely in preaccreditation status) by a nationally recognized accrediting agency or association recognized by the Secretary of Education for such purpose in accordance with section 496 of that Act (20 U.S.C. 1099b).; and

(2) in subsection (c)(3)(K), by inserting public and private institutions of higher education (including universities, community colleges, and junior colleges), before local and regional private consultants.

Section 21(a)(4)(C) of the Small Business Act (15 U.S.C. 648(a)(4)(C)) is amended—

(1) in clause (iii)—

(A) by striking $90,000,000 each place that term appears and inserting $98,500,000;

(B) by striking $81,500,000 each place that term appears and inserting $90,000,000; and

(C) by striking $500,000 each place that term appears and inserting $600,000;

(2) in clause (v)(II), by striking if the usage and all that follows through the end of the subclause and inserting a period; and

(3) in clause (v), by striking subclause (I) and inserting the following:

Of the amounts made available in any fiscal year to carry out this section—

(aa) not more than $50,000 may be used by the Administration to pay the expenses enumerated in subparagraph (B) of section 20(a)(1);

(bb) not more than $500,000 may be used by the Administration to pay the expenses enumerated in subparagraph (C) of section 20(a)(1); and

(cc) not more than $250,000 may be used by the Administration to pay the expenses enumerated in subparagraph (D) of section 20(a)(1).

Section 21(a)(4)(C)(vii) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(vii)) is amended to read as follows:

There are authorized to be appropriated to carry out this subparagraph—

(I) $135,000,000 for fiscal year 2013;

(II) $135,000,000 for fiscal year 2014; and

(III) $135,000,000 for fiscal year 2015.

Section 21(b)(3) of the Small Business Act (15 U.S.C. 648(b)(3)) is amended—

(1) by striking (3) At the discretion and inserting the following:

At the discretion; and

(2) by adding at the end the following:

At the discretion of the Administrator, the Administrator may authorize a small business development center to provide assistance, as described in subsection (c), to small business concerns located outside of the State, without regard to geographic proximity, if the small business concerns are located in an area for which the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), during the period of the declaration.

A small business development center that provides counselors to an area described in clause (i) shall, to the maximum extent practicable, ensure continuity of services in any State in which the small business development center otherwise provides services.

For purposes of this subparagraph, the Administrator shall, to the maximum extent practicable, permit the personnel of a small business development center to use any site or facility designated by the Administrator for use to provide disaster recovery assistance.

Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended—

(1) by striking subparagraph (G); and

(2) by redesignating subparagraphs (H) through (T) as subparagraphs (G) through (S), respectively.

Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended—

(1) in paragraph (4)(C)(vi), by striking or (c)(3)(G); and

(2) in paragraph (6), by striking subparagraphs (B) through (G) of subsection (c)(3) and inserting subparagraphs (B) through (F) of subsection (c)(3).

Nothing in this section shall affect any grant made to a small business development center before the date of enactment of this Act under section 21(c)(3)(G) of the Small Business Act (15 U.S.C. 648(c)(3)(G)), as in effect on the day before the date of enactment of this Act, and any such grant shall be subject to such section 21(c)(3)(G), as in effect on the day before the date of enactment of this Act.

Section 21(i)(1) of the Small Business Act (15 U.S.C. 648(i)(1)) is amended—

(1) in the first sentence, by striking nine members and inserting 10 members;

(2) in the second sentence, by striking six and inserting the members who are not from universities or their affiliates;

(3) by striking the third sentence; and

(4) in the fourth sentence—

(A) by striking Succeeding Boards and inserting The members of the Board; and

(B) by inserting not less than before one-third.

An individual serving as a member of the National Small Business Development Center Advisory Board on the date of enactment of this Act may continue to serve on the Board until the end of the term of the member under section 21(i)(1) of the Small Business Act (15 U.S.C. 648(i)(1)), as in effect on the day before such date of enactment.

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

The Small Business Act (15 U.S.C. 631 et seq.) is amended by striking section 33 (15 U.S.C. 657c).

On and after the date of enactment of this Act, the National Veterans Business Development Corporation and any successor thereto may not represent that the corporation is federally chartered or in any other manner authorized by the Federal Government.

The Small Business Act (15 U.S.C. 631 et seq.), as amended by this section, is amended—

(A) by redesignating sections 34 through 45 as sections 33 through 44, respectively;

(B) in section 9(k)(1)(D) (15 U.S.C. 638(k)(1)(D)), by striking section 34(d) and inserting section 33(d);

(C) in section 33 (15 U.S.C. 657d), as so redesignated—

(i) by striking section 35 each place it appears and inserting section 34;

(ii) in subsection (a)—

(I) in paragraph (2), by striking section 35(c)(2)(B) and inserting section 34(c)(2)(B);

(II) in paragraph (4), by striking section 35(c)(2) and inserting section 34(c)(2); and

(III) in paragraph (5), by striking section 35(c) and inserting section 34(c); and

(iii) in subsection (h)(2), by striking section 35(d) and inserting section 34(d);

(D) in section 34 (15 U.S.C. 657e), as so redesignated—

(i) by striking section 34 each place it appears and inserting section 33; and

(ii) in subsection (c)(1), by striking section 34(c)(1)(E)(ii) and inserting section 33(c)(1)(E)(ii);

(E) in section 36(d) (15 U.S.C. 657i(d)), as so redesignated, by striking section 43 and inserting section 42;

(F) in section 39(d) (15 U.S.C. 657l(d)), as so redesignated, by striking section 43 and inserting section 42; and

(G) in section 40(b) (15 U.S.C. 657m(b)), as so redesignated, by striking section 43 and inserting section 42.

Section 1142(b)(13) of title 10, United States Code, is amended by striking and the National Veterans Business Development Corporation.

Section 3452(h) of title 38, United States Code, is amended by striking any of the and all that follows and inserting any small business development center described in section 21 of the Small Business Act (15 U.S.C. 648), insofar as such center offers, sponsors, or cosponsors an entrepreneurship course, as that term is defined in section 3675(c)(2)..

Section 12072(c)(2) of the Food, Conservation, and Energy Act of 2008 (15 U.S.C. 636g(c)(2)) is amended by striking section 43 of the Small Business Act, as added by this Act and inserting section 42 of the Small Business Act (15 U.S.C. 657o).

Section 203(c)(5) of the Veterans Entrepreneurship and Small Business Development Act of 1999 (15 U.S.C. 657b note) is amended by striking In cooperation with the National Veterans Business Development Corporation, develop and inserting Develop.

Section 411(a)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended by striking does not exceed and all that follows and inserting does not exceed $5,000,000..

Section 411(e)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(e)(2)) is amended by striking bonds exceeds and all that follows and inserting bonds exceeds $5,000,000,.

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

In this subtitle—

(1) the term 8(a) program means the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a));

(2) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively;

(3) the terms HUBZone and HUBZone small business concern and HUBZone map have the meanings given those terms in section 3(p) of the Small Business Act (15 U.S.C. 632(p)), as amended by this Act; and

(4) the term recertification means a determination by the Administrator that a business concern that was previously determined to be a qualified HUBZone small business concern is a qualified HUBZone small business concern under section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)).

Section 16 of the Small Business Act (15 U.S.C. 645) is amended—

(1) in subsection (d)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by striking Whoever and all that follows through oneself or another and inserting the following: A person shall be subject to the penalties and remedies described in paragraph (2) if the person misrepresents the status of any concern or person as a small business concern, a qualified HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans, in order to obtain for any person;

(ii) by amending subparagraph (A) to read as follows:

(A) prime contract, subcontract, grant, or cooperative agreement to be awarded under subsection (a) or (m) of section 8, or section 9, 15, 31, or 35;

(iii) by striking subparagraph (B);

(iv) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and

(v) in subparagraph (C), as so redesignated, by striking, shall be and all that follows and inserting a period;

(B) in paragraph (2)—

(i) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and

(ii) by inserting after subparagraph (B) the following:

(C) be subject to the civil remedies under subchapter III of chapter 37 of title 31, United States Code (commonly known as the False Claims Act);; and

(C) by adding at the end the following:

(A) In the case of a violation of paragraph (1)(A) or subsection (g) or (h), for purposes of a proceeding described in subparagraph (A) or (C) of paragraph (2), the amount of the loss to the Federal Government or the damages sustained by the Federal Government, as applicable, shall be an amount equal to the amount that the Federal Government paid to the person that received a contract, grant, or cooperative agreement described in paragraph (1)(A), (g), or (h), respectively.

(B) In the case of a violation of subparagraph (B) or (C) of paragraph (1), for the purpose of a proceeding described in subparagraph (A) or (C) of paragraph (2), the amount of the loss to the Federal Government or the damages sustained by the Federal Government, as applicable, shall be an amount equal to the portion of any payment by the Federal Government under a prime contract that was used for a subcontract described in subparagraph (B) or (C) of paragraph (1), respectively.

(C) In a proceeding described in subparagraph (A) or (B), no credit shall be applied against any loss or damages to the Federal Government for the fair market value of the property or services provided to the Federal Government.;

(2) by striking subsection (e) and inserting the following:

(e) Any representation of the status of any concern or person as a small business concern, a HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans, in order to obtain any prime contract, subcontract, grant, or cooperative agreement described in subsection (d)(1) shall be made in writing or through the Online Representations and Certifications Application process required under section 4.1201 of the Federal Acquisition Regulation, or any successor thereto.; and

(3) by adding at the end the following:

(g) A person shall be subject to the penalties and remedies described in subsection (d)(2) if the person misrepresents the status of any concern or person as a small business concern, a qualified HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans—

(1) in order to allow any person to participate in any program of the Administration; or

(2) in relation to a protest of a contract award or proposed contract award made under regulations issued by the Administration.

(1) A person that submits a request for payment on a contract or subcontract that is awarded under subsection (a) or (m) of section 8, or section 9, 15, 31, or 35, shall be deemed to have submitted a certification that the person complied with regulations issued by the Administration governing the percentage of work that the person is required to perform on the contract or subcontract, unless the person states, in writing, that the person did not comply with the regulations.

(2) A person shall be subject to the penalties and remedies described in subsection (d)(2) if the person—

(A) uses the services of a business other than the business awarded the contract or subcontract to perform a greater percentage of work under a contract than is permitted by regulations issued by the Administration; or

(B) willfully participates in a scheme to circumvent regulations issued by the Administration governing the percentage of work that a contractor is required to perform on a contract.

Section 3(q)(1) of the Small Business Act (15 U.S.C. 632(q)(1)) is amended by striking means a veteran and all that follows and inserting the following: “means—

(A) a veteran with a service-connected disability rated by the Secretary of Veterans Affairs as zero percent or more disabling; or

(B) a former member of the Armed Forces who is retired, separated, or placed on the temporary disability retired list for physical disability under chapter 61 of title 10, United States Code.

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

A business concern seeking status as a small business concern owned and controlled by service-disabled veterans shall—

(A) submit an annual certification indicating that the business concern is a small business concern owned and controlled by service-disabled veterans by means of the Online Representations and Certifications Application process required under section 4.1201 of the Federal Acquisition Regulation, or any successor thereto; and

(B) register with—

(i) the Central Contractor Registration database maintained under subpart 4.11 of the Federal Acquisition Regulation, or any successor thereto; and

(ii) the VetBiz database of the Department of Veterans Affairs, or any successor thereto.

The Secretary of Veterans Affairs shall determine whether a business concern registered with the VetBiz database of the Department of Veterans Affairs, or any successor thereto, as a small business concern owned and controlled by veterans or a small business concern owned and controlled by service-disabled veterans is owned and controlled by a veteran or a service-disabled veteran, as the case may be.

The head of each Federal agency shall—

(i) for a sole source contract awarded to a small business concern owned and controlled by service-disabled veterans or a contract awarded with competition restricted to small business concerns owned and controlled by service-disabled veterans under section 35, determine whether a business concern submitting a proposal for the contract is a small business concern owned and controlled by service-disabled veterans; and

(ii) use the VetBiz database of the Department of Veterans Affairs, or any successor thereto, in determining whether a business concern is a small business concern owned and controlled by service-disabled veterans.

If the Administrator determines that a business concern knowingly and willfully misrepresented that the business concern is a small business concern owned and controlled by service-disabled veterans, the Administrator may debar or suspend the business concern from contracting with the United States.

The Administrator for Federal Procurement Policy and the Secretary of Veterans Affairs shall ensure that data is shared on an ongoing basis between the VetBiz database of the Department of Veterans Affairs and the Central Contractor Registration database maintained under subpart 4.11 of the Federal Acquisition Regulation.

The amendment made by subsection (b) and the requirements under subsection (c) shall take effect on the date on which the Secretary of Veterans Affairs (referred to in this subsection as the Secretary) publishes in the Federal Register a determination that the Department of Veterans Affairs has the necessary resources and capacity to carry out the additional responsibility of determining whether small business concerns registered with the VetBiz database of the Department of Veterans Affairs are owned and controlled by a veteran or a service-disabled veteran, as the case may be, in accordance with subsection (i) of section 4 of the Small Business Act (15 U.S.C. 633), as added by subsection (b).

If the Secretary determines that the Secretary is not able to publish the determination under paragraph (1) before the date that is 1 year after the date of enactment of this Act, the Secretary shall, not later than 1 year after the date of enactment of this Act, submit a report containing an estimate of the date on which the Secretary will publish the determination under paragraph (1) to the Committee on Small Business and Entrepreneurship and the Committee on Veterans’ Affairs of the Senate and the Committee on Small Business and the Committee on Veterans’ Affairs of the House of Representatives.

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

(22) Not later than 3 years after the date of enactment of this paragraph, and every 3 years thereafter, the Comptroller General of the United States shall—

(A) conduct an evaluation of the effectiveness of the program under this subsection, including an examination of—

(i) the number and size of contracts applied for, as compared to the number received by, small business concerns after successfully completing the program;

(ii) the percentage of small business concerns that continue to operate during the 3-year period beginning on the date on which the small business concerns successfully complete the program;

(iii) whether the business of small business concerns increases during the 3-year period beginning on the date on which the small business concerns successfully complete the program; and

(iv) the number of training sessions offered under the program; and

(B) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding each evaluation under subparagraph (A).

In order to improve the 8(a) program, the Administrator shall—

(1) not later than 90 days after the date of enactment of this Act, begin to—

(A) evaluate the feasibility of—

(i) using additional third-party data sources;

(ii) making unannounced visits of sites that are selected randomly or using risk-based criteria;

(iii) using fraud detection tools, including data-mining techniques; and

(iv) conducting financial and analytical training for the business opportunity specialists of the Administration;

(B) evaluate the feasibility and advisability of amending regulations applicable to the 8(a) program to require that calculations of the adjusted net worth or total assets of an individual include assets held by the spouse of the individual; and

(C) develop a more consistent enforcement strategy that includes the suspension or debarment of contractors that knowingly make misrepresentations in order to qualify for the 8(a) program; and

(2) not later than 1 year after the date on which the Comptroller General submits the report under section 8(a)(22)(B) of the Small Business Act, as added by subsection (c), issue, in final form, proposed regulations of the Administration that—

(A) determine the economic disadvantage of a participant in the 8(a) program based on the income and asset levels of the participant at the time of application and annual recertification for the 8(a) program; and

(B) limit the ability of a small business concern to participate in the 8(a) program if an immediate family member of an owner of the small business concern is, or has been, a participant in the 8(a) program, in the same industry.

The purpose of this section is to reform and improve the HUBZone program of the Administration.

The Administrator shall—

(1) ensure the HUBZone map is—

(A) accurate and up-to-date; and

(B) revised as new data is made available to maintain the accuracy and currency of the HUBZone map;

(2) implement policies for ensuring that only HUBZone small business concerns determined to be qualified under section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) are participating in the HUBZone program, including through the appropriate use of technology to control costs and maximize, among other benefits, uniformity, completeness, simplicity, and efficiency;

(3) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding any application to be designated as a HUBZone small business concern or for recertification for which the Administrator has not made a determination as of the date that is 60 days after the date on which the application was submitted or initiated, which shall include a plan and timetable for ensuring the timely processing of the applications; and

(4) develop measures and implement plans to assess the effectiveness of the HUBZone program that—

(A) require the identification of a baseline point in time to allow the assessment of economic development under the HUBZone program, including creating additional jobs; and

(B) take into account—

(i) the economic characteristics of the HUBZone; and

(ii) contracts being counted under multiple socioeconomic subcategories.

Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended—

(1) in paragraph (5), by adding at the end the following:

In this subparagraph, the term interim period means the period beginning on the date on which the Administrator determines that a HUBZone small business concern is qualified under subparagraph (A) and ending on the day before the date on which a contract under the HUBZone program for which the HUBZone small business concern submits a bid is awarded.

During the interim period, the Administrator may not determine that the HUBZone small business is not qualified under subparagraph (A) based on a failure to meet the applicable employment percentage under subparagraph (A)(i)(I), unless the HUBZone small business concern—

(I) has not attempted to maintain the applicable employment percentage under subparagraph (A)(i)(I); or

(II) does not meet the applicable employment percentage—

(aa) on the date on which the HUBZone small business concern submits a bid for a contract under the HUBZone program; or

(bb) on the date on which the HUBZone small business concern is awarded a contract under the HUBZone program.; and

(2) by adding at the end the following:

The term HUBZone program means the program established under section 31.

The term HUBZone map means the map used by the Administration to identify HUBZones.

Section 3(p)(4)(C)(i) of the Small Business Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to read as follows:

(i) 3 years after the first date on which the Administrator publishes a HUBZone map that is based on the results from the 2010 decennial census; or.

The Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that contains—

(1) the number of debarments from participation in programs of the Administration issued by the Administrator during the 1-year period preceding the date of the report, including—

(A) the number of debarments that were based on a conviction; and

(B) the number of debarments that were fact-based and did not involve a conviction;

(2) the number of suspensions from participation in programs of the Administration issued by the Administrator during the 1-year period preceding the date of the report, including—

(A) the number of suspensions issued that were based upon indictments; and

(B) the number of suspensions issued that were fact-based and did not involve an indictment;

(3) the number of suspension and debarments issued by the Administrator during the 1-year period preceding the date of the report that were based upon referrals from offices of the Administration, other than the Office of Inspector General;

(4) the number of suspension and debarments issued by the Administrator during the 1-year period preceding the date of the report based upon referrals from the Office of Inspector General; and

(5) the number of persons that the Administrator declined to debar or suspend after a referral described in paragraph (8), and the reason for each such decision.

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

Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended—

(1) in paragraph (2)—

(A) in subparagraph (A), by striking who are economically disadvantaged;

(B) in subparagraph (C), by striking paragraph (3) and inserting paragraph (4);

(C) by striking subparagraph (D); and

(D) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and

(2) by adding at the end the following:

A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women under the same conditions as a sole source contract may be awarded to a qualified HUBZone small business concern under section 31(b)(2)(A).

Section 29 of the Small Business Act (15 U.S.C. 656), as amended by section 424 of this Act, is amended by adding at the end the following:

The Administrator shall periodically conduct a study to identify any United States industry, as defined under the North American Industry Classification System, in which women are underrepresented.

Not later than 5 years after the date of enactment of this subsection, and every 5 years thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the results of each study under paragraph (1) conducted during the 5-year period ending on the date of the report.

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

Section 15(k)(2) of the Small Business Act (15 U.S.C. 644(k)(2)) is amended by striking such agency, and inserting such agency to a position that is a Senior Executive Service position (as such term is defined under section 3132(a) of title 5, United States Code), except that, for any agency in which the positions of Chief Acquisition Officer and senior procurement executive (as such terms are defined under section 43(a) of this Act) are not Senior Executive Service positions, the Director of Small and Disadvantaged Business Utilization may be appointed to a position compensated at not less than the minimum rate of basic pay payable for grade GS–15 of the General Schedule under section 5332 of such title (including comparability payments under section 5304 of such title);.

Section 15(k)(3) of the Small Business Act (15 U.S.C. 644(k)(3)) is amended—

(1) by striking be responsible only to, and report directly to, the head and inserting shall be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, the head; and

(2) by striking be responsible only to, and report directly to, such Secretary and inserting be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, such Secretary.

Section 15(k)(8)(B) of the Small Business Act (15 U.S.C. 644(k)(8)(B)) is amended by striking and 15 of this Act, and inserting, 15, and 43 of this Act;.

Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended by inserting after paragraph (10) the following:

(11) shall review and advise such agency on any decision to convert an activity performed by a small business concern to an activity performed by a Federal employee;

(12) shall provide to the Chief Acquisition Officer and senior procurement executive of such agency advice and comments on acquisition strategies, market research, and justifications related to section 43 of this Act;

(13) may provide training to small business concerns and contract specialists, except that such training may only be provided to the extent that the training does not interfere with the Director carrying out other responsibilities under this subsection;

(14) shall carry out exclusively the duties enumerated in this Act, and shall, while the Director, not hold any other title, position, or responsibility, except as necessary to carry out responsibilities under this subsection;

(15) shall submit, each fiscal year, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing—

(A) the training provided by the Director under paragraph (13) in the most recently completed fiscal year;

(B) the percentage of the budget of the Director used for such training in the most recently completed fiscal year; and

(C) the percentage of the budget of the Director used for travel in the most recently completed fiscal year; and

(16) shall have not less than 10 years of relevant procurement experience.

Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), as amended by subsection (d), is further amended—

(1) in the matter preceding paragraph (1) by striking who shall and inserting who;

(2) in paragraph (1)—

(A) by striking be known and inserting shall be known; and

(B) by striking such agency, and inserting such agency;;

(3) in paragraph (2) by striking be appointed by and inserting shall be appointed by;

(4) in paragraph (3)—

(A) by striking director and inserting Director; and

(B) by striking Secretary's designee, and inserting Secretary's designee;;

(5) in paragraph (4)—

(A) by striking be responsible and inserting shall be responsible; and

(B) by striking such agency, and inserting such agency;;

(6) in paragraph (5) by striking identify proposed and inserting shall identify proposed;

(7) in paragraph (6) by striking assist small and inserting shall assist small;

(8) in paragraph (7)—

(A) by striking have supervisory and inserting shall have supervisory; and

(B) by striking this Act, and inserting this Act;;

(9) in paragraph (8)—

(A) by striking assign a and inserting shall assign a; and

(B) by striking the activity, and and inserting the activity; and;

(10) in paragraph (9)—

(A) by striking cooperate, and and inserting shall cooperate, and; and

(B) by striking subsection, and and inserting subsection;; and

(11) in paragraph (10)—

(A) by striking make recommendations and inserting shall make recommendations;

(B) by striking subsection (a), or section and inserting subsection (a), section;

(C) by striking Act or section 2323 and inserting Act, or section 2323;

(D) by striking Code. Such recommendations shall and inserting Code, which shall; and

(E) by striking contract file. and inserting contract file;.

Section 7104(b) of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note) is amended—

(1) in paragraph (1) by striking and at the end;

(2) in paragraph (2) by striking authorities. and inserting authorities;; and

(3) by adding at the end the following:

(3) to conduct reviews of each Office of Small and Disadvantaged Business Utilization established under section 15(k) of the Small Business Act (15 U.S.C. 644(k)) to determine the compliance of each Office with requirements under such section;

(4) to identify best practices for maximizing small business utilization in Federal contracting that may be implemented by Federal agencies having procurement powers; and

(5) to submit, annually, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing—

(A) the comments submitted under paragraph (2) during the 1-year period ending on the date on which the report is submitted, including any outcomes related to the comments;

(B) the results of reviews conducted under paragraph (3) during such 1-year period; and

(C) best practices identified under paragraph (4) during such 1-year period.

Section 7104(c) of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by striking (established under section 15(k) of the Small Business Act (15 U.S.C. 644(k)).

Section 7104(d) of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by inserting after Small Business Administration the following: (or the designee of the Administrator).

In this subtitle—

(1) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively;

(2) the term Executive agency has the meaning given that term under section 105 of title 5, United States Code;

(3) the term Executive Committee means the Executive Committee on a Small Business Common Application established under section 613(a); and

(4) the term small business concern has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

It is the sense of Congress that Executive agencies should—

(1) reduce paperwork burdens on small business concerns pursuant to section 3501 of title 44, United States Code;

(2) maximize the ability of small business concerns to use common applications, where practicable, and use consolidated web portals to interact with Executive agencies;

(3) maintain high standards for data privacy and security;

(4) increase the degree and ease of information sharing and coordination among programs serving small business concerns that are carried out by Executive agencies, including State and local offices of Executive agencies; and

(5) minimize redundancy in the administration of programs that can utilize common applications, where practicable, and consolidated web portals.

There is established in the Administration an Executive Committee on a Small Business Common Application, which shall make recommendations regarding the establishment, if practicable, of a small business common application and web portal.

The members of the Executive Committee shall consist of—

(A) the Administrator;

(B) the Assistant Secretary of Commerce for Economic Development; and

(C) 1 senior officer or employee having policy and technical expertise appointed by each of—

(i) the Administrator of the General Services Administration;

(ii) the Director of the National Institutes of Health;

(iii) the Director of the National Science Foundation;

(iv) the President of the Export-Import Bank;

(v) the Secretary of Agriculture;

(vi) the Secretary of Defense;

(vii) the Secretary of Health and Human Services;

(viii) the Secretary of Labor;

(ix) the Secretary of State;

(x) the Secretary of the Treasury; and

(xi) the Secretary of Veterans Affairs.

The Administrator shall serve as chairperson of the Executive Committee.

Members of the Executive Committee shall be appointed for a term of 1 year.

A vacancy in the Executive Committee shall be filled in the same manner as the original appointment, not later than 30 days after the date on which the vacancy occurs.

The Executive Committee shall meet at the call of the chairperson of the Executive Committee.

A majority of the members of the Executive Committee shall constitute a quorum.

The first meeting of the Executive Committee shall take place not later than 30 days after the date of enactment of this subtitle.

The Executive Committee shall hold at least 1 public meeting before the date described in subsection (d)(1) to receive comments from small business concerns and other interested parties.

Not later than 270 days after the date of enactment of this Act, upon a vote of the majority of members of the Executive Committee then serving, the Executive Committee shall submit to the Administrator recommendations relating to the feasibility of establishing a small business common application and web portal in order to meet the goals described in section 612.

The Executive Committee shall transmit to each Executive agency a complete copy of the recommendations submitted under paragraph (1).

The Executive Committee shall transmit to each relevant committee of Congress a complete copy of the recommendations submitted under paragraph (1).

Not later than 30 days after the date on which the Executive Committee transmits recommendations to the Executive agency under paragraph (2), each Executive agency that provides Federal assistance to small business concerns shall submit to Congress recommendations, if any, for legislative changes necessary for the Executive agency to carry out the recommendations under paragraph (1).

The members of the Executive Committee shall serve without compensation in addition to that received for their services as officers or employees of the United States.

The Administrator may detail to the Executive Committee any employee of the Economic Development Administration, and such detail shall be without interruption or loss of civil service status or privilege.

Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Executive Committee.

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

Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that evaluates the status of the programs authorized under this Act and the amendments made by this Act, including the extent to which such programs have been funded and implemented and have contributed to promoting job creation among small business concerns.