The Small Business Economic Improvement Act of
2011
SECTION 1. SHORT TITLE
This Act may be cited as the “Small
Business Economic Improvement Act of 2011”
SECTION 2. AMENDMENTS TO
SMALL BUSINESS ACT.
(a) In General – Section 4 of the Small Business Act (15
U.S.C. 633) is amended by adding at the end the following:
(g) Gifts-
(1) IN GENERAL- The Administrator
may, for purposes of this Act, the Small Business
Investment Act of 1954, and title IV of the Women’s Business Ownership Act of 1988, solicit, accept, hold, administer,
utilize, and dispose of gifts, devises, and
bequests of cash, property (including tangible, intangible, real and personal),
subsistence, and services.
Notwithstanding any other provision of law, the Administrator may utilize gifts, devises, or bequests for
educational, marketing, and outreach
activities, including the cost of promotional materials.
(2) AUDITS- Any gift, devise, or bequest of cash accepted
by the Administrator shall be held in a separate account and shall be subject
to semi-annual audits by the Inspector General of the Administration who shall
report his findings to Congress.
(3) CONFLICTS OF INTEREST- No gift,
devise, or bequest shall be solicited or accepted under the authority of this subsection if such
solicitation or acceptance would, in
the determination of the General Counsel, create a conflict of interest.
(4) ACCEPTANCE OF SERVICES AND
FACILITIES FOR DISASTER LOAN PROGRAM-
The Administrator may accept the services and facilities of Federal, State, and local agencies and groups,
both public and private, and utilize such gratuitous
services and facilities as may, from time to time, be
necessary to further the objective of
section 7(b).
(h) Co-Sponsorship of Events-
(1) AUTHORIZATION-
The Administrator, after consultation with the General Counsel, may provide assistance for the
benefit of small business through Administration-sponsored
activities, through cosponsored activities with any eligible entity, or through such other
activities that the Administrator determines to be appropriate, including recognition events.
(2) ELIGIBLE ENTITY- For purposes of
this subsection, the term ‘eligible entity’ means
any for-profit or not-for-profit entity, and Federal, State, or local
government official, or any
Federal, State, or local government entity.
(3) PROHIBITION ON
ENDORSEMENTS- The Administrator shall ensure that the Administration and any eligible
entities that cosponsor activities receive appropriate recognition for such cosponsorship, and that such
recognition does not constitute or imply
an endorsement by the Administration of any product or service of such entity.
(4) AUTHORITY TO CHARGE FEES-
Notwithstanding any other provision of law, the
Administrator may charge a participant in any activity sponsored or cosponsored
by the Administration a
minimal fee, and retain and use such fee to cover the
costs of such activity.
(5) LIMITED
DELEGATION- The Administrator may not delegate the authority described in this subsection except to the
Deputy Administrator, an Associate Administrator,
or an Assistant Administrator.
(6) REPORT TO
CONGRESS- The Inspector General of the Administration shall report annually to Congress on the
Administrator’s use of authority under this subsection.
(7) RULEMAKING- Not later than 180
days after the date of enactment of this subsection,
the Administrator shall promulgate regulations to carry out the provisions of this subsection.
(b)
Conforming Amendments- Section 8 (b)(1)(A) of the
Small Business Act (15 U.S.C. 637
(b)(1)(A)) is amended—
(1) by
striking clause (ii);
(2) by
striking ‘(1)(A) to provide- -‘ and all that follows through ‘business
concerns- -‘ and inserting the
following:
‘(1)(A) to
provide technical, managerial, and informational aids to small business concerns- -‘;
(3) by
redesignating subclauses (I) though (IV) as clauses (i) through (iv), respectively;
(4) by
redesignating items (aa) and (bb) of clause (ii), as so redesignated by paragraph (3), as subclauses (I) and
(II), respectively; and
(5) by
striking ‘; and’ at the end of clause (iv), as so redesignated by paragraph
(3), and inserting a period.
SECTION 3. NATIONAL
SMALL BUSINESS SUMMIT ON ECONOMIC RECOVERY.
(a) IN GENERAL: Not
later than June 30 2013 the President shall convene a National Small Business
Summit to examine the present conditions and future needs of the community of
small business concerns in the United States.
(b)
PURPOSE FOR THE SMALL BUSINESS SUMMIT: The Purpose of the Small Business Summit
shall be:
(1) to increase awareness of
the contribution of small business to the national economy;
(2) to identify and
prioritize the economic, regulatory, and societal problems impacting small
businesses and their ability to survive and grow in today’s challenging
economy;
(3) to examine the status of minorities
and women as small business owners;
(4) to assemble small
business representatives to develop practical and specific recommendations for
legislative and regulatory actions to maintain and encourage the economic
viability of small business;
(5) to promote and evaluate the small business
assistance programs of the Small Business Administration and other federal
agencies and recommend potential improvements for those programs.
(c) SUMMIT ADVISORY COUNCIL: There is established a Small
Business Summit Advisory Council to advise the Small Business Administration on
the organization and conducting of the Summit.
The Administrator of the Small Business Administration shall appoint 2
members; and the Chair and Ranking Member of the Senate and House Small
Business Committees shall each appoint 2 members of the Summit Advisory Council
to serve a term until 3 months after the conclusion of the Summit. The SBA Chief Counsel for Advocacy,
or their designate shall serve as a member of the Council and provide
coordination and support for its activity.
Council members should be selected to represent a diversity of small
business leadership experience. Council members
shall serve without compensation, but shall receive normal federal
reimbursement for travel and per-diem expenses related to Advisory Council
meetings.
(d)
PARTICIPANTS: The Summit participants
shall consist of owners and officers of small businesses and representatives of small business
assistance groups. At least 90 days prior to the beginning of the
summit, the President shall appoint 2 representatives from each State; each
member of Congress shall appoint 2 representatives from their district; the
Governor of each State shall appoint 2 representatives. The remaining representatives shall be
selected based on applications made to the SBA Office of Advocacy, with 2
representatives and 1 alternate to be selected for each House of
Representatives District. Alternate
representatives shall participate in pre-summit activity and issues
development, but shall not vote at the Summit unless replacing a regular
delegate. Where there are insufficient applications from
a specific Congressional District, the remaining positions may be filled by applicants
from other Congressional Districts within that state. Each State and US Territory shall be entitled
to a minimum of 10 representatives, including alternates.
The
SBA Office of Advocacy, in coordination with the Summit Advisory Council, shall
select representatives from qualified applicants to create a reasonable mix of
small business representatives by business size, industry sector, individual
demographics, and areas of issue interest or knowledge.
(e)
ROLE OF THE SMALL BUSINESS ADMINSTRATION:
The Small Business Administration shall:
(1) Make all necessary arrangements for the conduct of
the Summit in the Washington DC area. In
conducting the Summit SBA may contract for professional conference management
and support services; may seek sponsorship contributions for Summit events to
reduce the attendance cost for delegates, and may partner with existing small
business organizations to promote the Summit.
(2) Select and establish an electronic communication
system for the use of delegates and alternates for communication prior to, during,
and after the Summit to allow state delegations and issue area groups to
collaboratively define the problems faced by small businesses, refine suggested
solutions to those problems, and prioritize and select final recommendations to
the President and the Congress.
(3) Not later than 90 days after the conclusion of the
Summit convened under subsection (a), the Small Business Administration shall
issue a report on the results and recommendations of the Summit. The report shall identify the key challenges
and prioritized recommendations of the delegates for promoting entrepreneurship
and the growth of small business concerns.
(f)
EXPENSES: The cost of SBA staff activity
related to the Summit, the standard federal expense reimbursement for the
Summit Advisory Council members, and the costs of electronic and physical
publishing of the Summit recommendations and their continuing status shall be
taken from appropriations to the Small Business Administration. All other expenditures for the conduct of
the Summit shall be paid from private sponsorships and participant registration
fees.