SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.

SEC. 106. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM. (a) Associate Administrator for Small Business Development Centers.— (1) Duties.— Section 21(h) (15 U.S.C. 648(h)) is amended to read as follows: “(h) Associate Administrator for Small Business Development Centers.— “(1) Appointment and compensation.— The Administrator shall appoint an Associate Administrator for Small Business Development Centers who shall report to an official who is not more than one level below the Office of the Administrator and who shall serve without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to chapter 51, and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at a rate not less than the rate of GS–17 of the General Schedule. “(2) Duties.— “(A) In general.— The sole responsibility of the Associate Administrator for Small Business Development Centers shall be to administer the small business development center program. Duties of the position shall include recommending the annual program budget, reviewing the annual budgets submitted by each applicant, establishing appropriate funding levels therefore, selecting applicants to participate in this program, implementing the provisions of this section, maintaining a clearinghouse to provide for the dissemination and exchange of information between small business development centers and conducting audits of recipients of grants under this section. “(B) Consultation requirements.— In carrying out the duties described in this subsection, the Associate Administrator shall confer with and seek the advice of the Board established by subsection (i) and Administration officials in areas served by the small business development centers; however, the Associate Administrator shall be responsible for the management and administration of the program and shall not be subject to the approval or concurrence of such Administration officials.”. (2) References to associate administrator.— Section 21 (15 U.S.C. 648) is amended— (A) in subsection (c)(7), by striking “Deputy Associate Administrator of the Small Business Development Center program” and inserting “Associate Administrator for Small Business Development Centers”; and 110 STAT. 3009–732 (B) in subsection (i)(2), by striking “Deputy Associate Administrator for Management Assistance” and inserting “Associate Administrator for Small Business Development Centers”. (b) Extension or Renewal of Cooperative Agreements.— Section 21(k)(3) (15 U.S.C. 648(k)(3)) is amended to read as follows: “(3) Extension or renewal of cooperative agreements.— “(A) In general.— In extending or renewing a cooperative agreement of a small business development center, the Administration shall consider the results of the examination and certification program conducted pursuant to paragraphs (1) and (2). “(B) Certification requirement.— After September 30, 2000, the Administration may not renew or extend any cooperative agreement with a small business development center unless the center has been approved under the certification program conducted pursuant to this subsection, except that the Associate Administrator for Small Business Development Centers may waive such certification requirement, in the discretion of the Associate Administrator, upon a showing that the center is making a good faith effort to obtain certification.”. (c) Technical Correction.— Section 21(1) (15 U.S.C. 648(1)) is amended to read as follows: “(l) Contract Authority.— The authority to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. After the administration has entered a contract, either as a grant or a cooperative agreement, with any applicant under this section, it shall not suspend, terminate, or fail to renew or extend any such contract unless the Administration provides the applicant with written notification setting forth the reasons therefore and affording the applicant an opportunity for a hearing, appeal, or other administrative proceeding under the provisions of chapter 5 of title 5, United States Code.”.