[House Report 111-121]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-121
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2352) TO AMEND THE SMALL
BUSINESS ACT, AND FOR OTHER PURPOSES
_______
May 19, 2009.--Referred to the House Calendar and ordered to be printed
_______
Mr. Polis, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 457]
The Committee on Rules, having had under consideration
House Resolution 457, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2352, the
Job Creation Through Entrepreneurship Act of 2009, under a
structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Small Business. The rule
waives all points of order against consideration of the bill
except clauses 9 and 10 of rule XXI. The resolution provides
that the amendment in the nature of a substitute recommended by
the Committee on Small Business now printed in the bill shall
be considered as an original bill for the purpose of amendment
and shall be considered as read. The resolution waives all
points of order against the amendment in the nature of a
substitute except for clause 10 of rule XXI. This waiver does
not affect the point of order available under clause 9 of rule
XXI (regarding earmark disclosure).
The resolution makes in order only those amendments printed
in this report. The amendments made in order may be offered
only in the order printed in this report, may be offered only
by a Member designated in this report, shall be considered as
read, shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The resolution provides one motion to recommit with or
without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except for clauses 9 and 10 of rule XXI) includes a
waiver of clause 3(d)(2) of rule XIII requiring the inclusion
of a cost estimate. Although the rule waives all points of
order against the amendment in the nature of a substitute
(except clause 10 of rule XXI), the Committee is not aware of
any points of order. The waiver of all points of order is
prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 97
Date: May 19, 2009.
Measure: H.R. 2352.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Terry (NE), #14, which would
amend the Small Business Act's loan program to allow ``floor-
plan'' financing for motor vehicle dealers. It further defines
``motor vehicle'' broadly and increases the maximum loan
guarantee from $2 million to $20 million.
Results: Defeated 4-6.
Vote by Members: McGovern--Nay; Cardoza--Nay; Perlmutter--
Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-Balart--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 98
Date: May 19, 2009.
Measure: H.R. 2352.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Roskam (IL), #7, which would
add a new section to permanently repeal the estate tax.
Results: Defeated 4-6.
Vote by Members: McGovern--Nay; Cardoza--Nay; Perlmutter--
Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-Balart--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
1. Velazquez (NY): Manager's Amendment making conforming
grammatical and technical corrections to the legislation. Would
allow the director of the Veterans Business Center program to
authorize grants to veterans business centers for the purpose
of providing one on one counseling or group counseling to
members of the Reserve component who are small business owners
on effective planning strategies to prepare their business for
when they deploy as part of a contingency operation. Would
require the Director of the Veterans Business Center program to
certify annually to the Director of the Small Business
Administration that a sufficient percentage of veterans in
rural areas have adequate access to a Veterans Business Center.
If not, the Director of the Veterans Business Center program
shall for one year give priority to grant applications that
establish Veteran Business Centers in rural areas. Would expand
the Green Technology Training to be available to all interested
small businesses that qualify, including existing businesses
seeking to adapt their business to include such fields. Would
provide women's and veterans business centers that institute
green entrepreneurial programs with access to maximum grant
awards under their respective programs. Would add ``strategies
for increasing job placement or women in nontraditional
occupations'' to the required content of the annual plans to be
submitted by women's business centers under the Women's
Business Center Program. Would require small business
development centers to provide services that assist low-income
or dislocated workers to start businesses in the fields of
energy efficiency, green technology, or clean technology, under
the Green Entrepreneurs Training Program. Would waive matching
grant requirements contained in the bill for Veterans Business
Centers serving communities with a per capita income less than
75% of the national per-capita income, and an unemployment rate
at least 150% higher than the national average. (20 minutes)
2. Polis (CO): Would include cost saving energy usage
reductions as an eligible project under section 403(b)
management assistance. (10 minutes)
3. Paulsen (MN): Would require a study by the Comptroller
General to look at the effects of the legislation's efforts for
veteran owned businesses. The Comptroller must also include
recommendations as to how the Federal government can more
effectively serve veteran owned businesses. (10 minutes)
4. Boccieri (OH): Would allow veterans centers to receive
grants to develop specialized programs to assist unemployed
veterans in becoming entrepreneurs and adds training for
veterans centers to improve outreach to veterans in areas of
high unemployment at the Veterans Development Summit. (10
minutes)
5. Himes (CT): Would require the Small Business
Administrator to establish and carry out a ``Microenterprise
Training Center Program'' for the purpose of providing low-
income and unemployed individuals with training and counseling
with respect to starting a microenterprise. (10 minutes)
6. Kratovil (MD): Would establish a Rural Entrepreneurship
Advisory Council within the Small Business Administration,
comprised of appropriate officials from the SBA, the rural
development programs of the Department of Agriculture, and the
Department of Commerce and of representatives from the
academic, small business, agriculture, and high-tech
communities. The council is tasked with providing a report to
Congress on rural entrepreneurship, and to provide ongoing
advice and recommendations to foster rural entrepreneurs. (10
minutes)
7. Murphy (NY): Would increase the grant sizes for
``initial grants'' and ``growth funding grants'' for each
veterans business center by $50,000 per year per center to
$200,000 and $150,000 respectively. In addition, the amendment
would increase the authorized appropriations to carry out this
subsection by $2,000,000 each per year to $12,000,000 in fiscal
year 2010 and $14,000,000 in fiscal year 2011. (10 minutes)
8. Nye (VA): Would add a new title (Military Entrepreneurs
Program) to require the Small Business Administration to
establish and carry out a program to provide business
counseling and entrepreneurial development assistance to
members of the Armed Forces to facilitate the development of
small business concerns. The amendment establishes a liaison to
facilitate outreach to members of the Armed Forces with respect
to business counseling and entrepreneurial development
assistance. (10 minutes)
9. Schauer (MI): Would create a new section and authorize
funding for small business development centers to assist small
manufacturers that are transitioning into growth sectors. (10
minutes)
TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Velazquez of New York,
or Her Designee, Debatable for 20 Minutes
Page 9, beginning line 19, strike ``with respect to the
benefits of self-employment'' and insert ``to promote self-
employment opportunities''.
Page 9, line 21, strike ``tailored''.
Page 12, line 20, strike ``high-quality''.
Page 14, line 9, insert after ``Veterans Business Centers,''
the following: ``SCORE chapters,''.
Page 16, line 21, strike ``capital'' and insert
``financing''.
Page 16, line 24, strike ``aggressively''.
Page 33, line 9, strike ``the performance''.
Page 33, line 13, strike ``relating'' and insert ``related''.
Page 36, beginning line 13, strike ``as a catalyst for job
creation for'' and insert ``to create jobs during''.
Page 36, line 14, strike ``2009 and 2010'' and insert ``2010
and 2011''.
Page 7, after line 22 insert the following:
``(v) Providing one-on-one or group
counseling to owners of small business
concerns who are members of the reserve
components of the armed forces, as
specified in section 10101 of title 10,
United States Code, to assist such
owners to effectively prepare their
small businesses for periods when such
owners are deployed in support of a
contingency operation.''.
Page 6, line 22, strike ``(10)'' and insert ``(11)''.
Page 6, after line 21 insert the following:
``(10) Rural areas.--The Director shall submit
annually to the Administrator a report on whether a
sufficient percentage, as determined by the Director,
of veterans in rural areas have adequate access to a
veterans business center. If the Director submits a
report under this paragraph that does not demonstrate
that a sufficient percentage of veterans in rural areas
have adequate access to a veterans business center, the
Director shall give priority during the one year period
following the date of the submission of such report to
applications for designations and grants under this
subsection that will establish veterans business
centers in rural areas.''.
Page 31, line 12, insert after ``community'' the following:
``, strategies for increasing job placement of women in
nontraditional occupations''.
Page 47, line 8, strike ``and''.
Page 47, line 12, strike the period and insert ``; and''.
Page 47, after line 12, insert the following new
subparagraph:
``(D) provide services that assist low-income
or dislocated workers to start businesses in
the fields of energy efficiency, green
technology, or clean technology.''.
Page 47, line 4, insert after ``clean technology'' the
following: ``and in adapting a business to include such
fields''.
Page 47, line 12, insert after ``clean technology'' the
following: ``and to individuals seeking to adapt a business to
include such fields''.
Page 27, line 18, insert after ``per year.'' the following:
``Projects receiving assistance under this subparagraph that
possess the capacity to train existing or potential business
owners in the fields of green technology, clean technology, or
energy efficiency shall receive the maximum award under this
subparagraph.''.
Page 29, after line 5 insert the following:
``(E) the capacity of the project to train
existing or potential business owners in the
fields of green technology, clean technology,
or energy efficiency;''.
Page 29, line 6, strike ``(E)'' and insert ``(F)''.
Page 29, line 7, strike ``(F)'' and insert ``(G)''.
Page 32, after line 12 insert the following:
SEC. 406. APPLICANT EVALUATION CRITERIA.
Section 29(f) of the Small Business Act (15 U.S.C. 656(f)) is
amended--
(1) in paragraph (3) by striking ``and'' at the end;
(2) in paragraph (4) by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) whether the applicant has the capacity to train
existing or potential business owners in the fields of
green technology, clean technology, or energy
efficiency.''.
Page 5, line 13, after ``hardship.'' insert the following:
``The Director may waive the matching funds requirement under
this paragraph with respect to veterans business centers that
serve communities with a per capita income less than 75 percent
of the national per capita income and an unemployment rate at
least 150 percent higher than the national average.''.
----------
2. An Amendment To Be Offered by Representative Polis of Colorado, or
His Designee, Debatable for 10 Minutes
Page 27, line 1, insert after ``concern'' the following: ``,
including implementing cost saving energy techniques''.
----------
3. An Amendment To Be Offered by Representative Paulsen of Minnesota,
or His Designee, Debatable for 10 Minutes
At the end of title I, insert the following new section:
SEC. 103. COMPTROLLER GENERAL STUDY OF SMALL BUSINESS CONCERNS OWNED
AND CONTROLLED BY VETERANS.
The Comptroller General shall carry out a study on the
effects of this Act and the amendments made by this Act on
small business concerns owned and controlled by veterans and
submit to Congress a report on the results of such study. Such
report shall include the recommendations of the Comptroller
General with respect to how this Act and the amendments made by
this Act may be implemented to more effectively serve small
business concerns owned and controlled by veterans.
----------
4. An Amendment To Be Offered by Representative Boccieri of Ohio, or
His Designee, Debatable for 10 Minutes
Page 7, insert after line 22 the following:
``(v) Developing specialized programs
to assist unemployed veterans to become
entrepreneurs.''.
Page 10, line 21, insert after ``Director.'' the following:
``Such event shall include education and training with respect
to improving outreach to veterans in areas of high
unemployment.''.
----------
5. An Amendment To Be Offered by Representative Himes of Connecticut,
or His Designee, Debatable for 10 Minutes
Page 12, line 15, strike ``section 46'' and insert ``section
47''.
Page 50, after line 16, add the following new title:
TITLE VIII--MICROENTERPRISE TRAINING CENTER PROGRAM
SEC. 801. MICROENTERPRISE TRAINING CENTER PROGRAM.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by
inserting after section 45, as added by section 301(b) of this
Act, the following:
``SEC. 46. MICROENTERPRISE TRAINING CENTER PROGRAM.
``(a) Establishment.--The Administrator shall establish and
carry out a microenterprise training center program for the
purpose of providing low-income and unemployed individuals with
training and counseling with respect to starting a
microenterprise.
``(b) Number and Location of Centers.--In carrying out the
program under subsection (a), the Administrator shall establish
10 microenterprise training centers, which, to the extent
practicable, shall be located in a manner that promotes the
geographic diversity of such centers. The Administrator shall
give priority in locating such centers to areas with high
proportions of low-income and unemployed individuals.
``(c) Function.--In carrying out the program under subsection
(a), the Administrator shall ensure that microenterprise
training centers provide training and resources to individuals
seeking to start a new microenterprise, including through the
provision of classes, one-on-one instruction, and other
services the Administrator determines appropriate.
``(d) Coordination.--The Administrator shall coordinate the
program established under subsection (a) with other programs of
the Administration that may provide support to
microenterprises.
``(e) Definition of Microenterprise.--In this section, the
term `microenterprise' means a business with not more than 6
employees and begun with an initial investment of not more than
$40,000.''.
----------
6. An Amendment To Be Offered by Representative Kratovil of Maryland,
or His Designee, Debatable for 10 Minutes
Page 12, line 15, strike ``section 46'' and insert ``section
47''.
Page 50, after line 16, add the following new title:
TITLE VIII--RURAL ENTREPRENEURSHIP ADVISORY COUNCIL
SEC. 801. RURAL ENTREPRENEURSHIP ADVISORY COUNCIL.
The Small Business Act (15 U.S.C. 631 et. seq.) is amended by
inserting after section 45, as added by section 301(b) of this
Act, the following:
``SEC. 46. RURAL ENTREPRENEURSHIP ADVISORY COUNCIL.
``(a) Establishment.--The Administrator shall establish a
rural entrepreneurship advisory council (hereinafter referred
to in this section as the `council').
``(b) Composition.--The Administrator shall ensure that the
council is composed of appropriate officials from the
Administration, the rural development programs of the
Department of Agriculture, and the Department of Commerce and
of representatives, who volunteer for the council, from the
academic, small business, agriculture, and high-tech
communities.
``(c) Functions.--
``(1) Initial report.--Not later than 90 days after
the date of the enactment of this section, the council
shall submit to the Administrator and to Congress a
report on the following:
``(A) Entrepreneurship in rural communities
compared to urban communities.
``(B) Potential barriers to entrepreneurship
for individuals in rural communities.
``(C) Effective Federal policies that are
expanding entrepreneurship in rural
communities.
``(D) Recommendations for Federal policies to
foster entrepreneurship in rural communities
and to ensure that rural entrepreneurs have
equal access to technical assistance,
entrepreneurial opportunities, and educational
outreach.
``(2) Advice.--The council shall provide ongoing
advice to the Administrator with respect to rural
entrepreneurship and make recommendations to foster
rural entrepreneurs, including through the effective
use of broadband technology.''.
----------
7. An Amendment To Be Offered by Representative Murphy of New York, or
His Designee, Debatable for 10 Minutes
Page 4, line 11, strike ``$150,000'' and insert the
following: ``$200,000''.
Page 4, line 18, strike ``$100,000'' and insert the
following: ``$150,000''.
Page 6, line 24, strike ``$10,000,000'' and insert the
following: ``$12,000,000''.
Page 6, line 25, strike ``$12,000,000'' and insert the
following: ``$14,000,000''.
----------
8. An Amendment To Be Offered by Representative Nye of Virginia, or His
Designee, Debatable for 10 Minutes
Page 12, line 15, strike ``section 46'' and insert ``section
47''.
Page 50, after line 16, add the following new title:
TITLE VIII--MILITARY ENTREPRENEURS PROGRAM
SEC. 801. MILITARY ENTREPRENEURS PROGRAM.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by
inserting after section 45, as added by section 301(b) of this
Act, the following:
``SEC. 46. MILITARY ENTREPRENEURS PROGRAM.
``(a) Establishment.--The Administrator shall establish and
carry out a program to provide business counseling and
entrepreneurial development assistance to members of the Armed
Forces to facilitate the development of small business
concerns.
``(b) Liaison.--In carrying out the program described in
subsection (a), the Administrator shall establish a liaison to
facilitate outreach to members of the Armed Forces with respect
to business counseling and entrepreneurial development
assistance.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $1,000,000 for fiscal years 2010 and 2011.''.
----------
9. An Amendment To Be Offered by Representative Schauer of Michigan, or
His Designee, Debatable for 10 Minutes
Page 50, after line 16, add the following new section:
SEC. 708. SMALL MANUFACTURERS TRANSITION ASSISTANCE PROGRAM.
Section 21 of the Small Business Act (15 U.S.C. 648), as
amended, is further amended by adding at the end the following
new subsection:
``(s) Small Manufacturers Transition Assistance Program.--
``(1) In general.--The Administration shall establish
a grant program for small business development centers
in accordance with this subsection. To be eligible for
the program, a small business development center must
be in good standing and comply with the other
requirements of this section. Funds made available
through the program shall be used to--
``(A) provide technical assistance and
expertise to small manufacturers with respect
to changing operations to another industry
sector or reorganizing operations to increase
efficiency and profitability;
``(B) assist marketing of the capabilities of
small manufacturers outside the principal area
of operations of such manufacturers;
``(C) facilitate peer-to-peer and mentor-
protege relationships between small
manufacturers and corporations and Federal
agencies; and
``(D) conduct outreach activities to local
small manufacturers with respect to the
availability of the services described in
subparagraphs (A), (B), and (C).
``(2) Definition of small manufacturer.--In this
subsection, the term `small manufacturer' means a small
business concern engaged in an industry specified in
sectors 31, 32, or 33 of the North American Industry
Classification System in section 121.201 of title 13,
Code of Federal Regulations.
``(3) Award size limit.--The Administration may not
award an entity more than $250,000 in grant funds under
this subsection.
``(4) Authority.--Subject to amounts approved in
advance in appropriations Acts and separate from
amounts approved to carry out the program established
in subsection (a)(1), the Administration may make
grants or enter into cooperative agreements to carry
out this subsection.
``(5) Authorization.--There is authorized to be
appropriated not more than $2,500,000 for the purposes
of carrying out this subsection for each of the fiscal
years 2010 and 2011.''.