[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1154 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1154

  To provide for the reauthorization of programs administered by the 
Small Business Administration that assist small business concerns owned 
            and controlled by women, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2003

    Ms. Snowe (for herself, Mr. Bond, and Mr. Burns) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Small Business and Entrepreneurship

_______________________________________________________________________

                                 A BILL


 
  To provide for the reauthorization of programs administered by the 
Small Business Administration that assist small business concerns owned 
            and controlled by women, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Women's Small Business Programs 
Improvement Act of 2003''.

SEC. 2. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.

    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), by striking ``in the 
                areas of--
                                    ``(I) starting and operating''; and 
                                inserting the following:
                        ``to solve problems concerning operations, 
                        manufacturing, technology, finance, 
                        international trade, and other disciplines 
                        required for--
                                    ``(I) starting, operating, and 
                                growing'';
                    (B) in subparagraph (C), by inserting ``, the 
                National Women's Business Council, and the Association 
                of Women's Business Centers'' before the period at the 
                end; and
            (2) by adding at the end the following:
            ``(3) Programs and services for women-owned small 
        businesses.--The Assistant Administrator, in consultation with 
        the Association of Women's Business Centers, the National 
        Women's Business Council, and the Interagency Committee on 
        Women's Business Enterprise, shall develop programs and 
        services for women-owned businesses (as defined in section 408 
        of the Women's Business Ownership Act of 1988 (15 U.S.C. 631 
        note)) that provide goods or services in the areas of--
                    ``(A) manufacturing;
                    ``(B) technology;
                    ``(C) professional services;
                    ``(D) travel and tourism;
                    ``(E) international trade; and
                    ``(F) Federal Government contract business 
                development.
            ``(4) Training.--The Administration shall provide 
        sufficient training for business ownership representatives and 
        technical representatives within the district offices of the 
        Administration to enable these staffs to carry out their 
        responsibilities under this section.''.

SEC. 3. WOMEN'S BUSINESS CENTER PROGRAM.

    (a) Women's Business Center Grants Program.--Section 29 of the 
Small Business Act (15 U.S.C. 656) is amended by striking subsection 
(b) through (f) and inserting the following:
    ``(b) Grants Authorized.--
            ``(1) In general.--The Administration is authorized to 
        award grants, to be known as `Women's Business Center Grants', 
        to private nonprofit organizations to conduct 3-year projects 
        for the benefit of small business concerns owned and controlled 
        by women. At the end of the initial 3-year grant period, and 
        every 3 years thereafter, the grant recipient may apply to 
        renew the grant in accordance with this subsection and 
        subsection (e)(2).
            ``(2) Contract authority.--
                    ``(A) In general.--The Administration may enter 
                into annual contracts with grant recipients under this 
                subsection to perform the services described under 
                paragraph (3) only to the extent and in the amount 
                provided by appropriated funds.
                    ``(B) Termination.--If any grant recipient under 
                this subsection does not fulfill its contractual 
                obligations during the 3-year period of the grant, the 
                Administration may terminate the grant.
            ``(3) Use of funds.--Grants awarded under paragraph (1) 
        shall be used to provide--
                    ``(A) financial assistance, including training and 
                counseling in how to apply for and secure business 
                credit and investment capital, preparing and presenting 
                financial statements, and managing cash flow and other 
                financial operations of a business concern;
                    ``(B) management assistance, including training and 
                counseling in how to plan, organize, staff, direct, and 
                control each major activity and function of a small 
                business concern; and
                    ``(C) marketing assistance, including training and 
                counseling in identifying and segmenting domestic and 
                international market opportunities, preparing and 
                executing marketing plans, developing pricing 
                strategies, locating contract opportunities, 
                negotiating contracts, and utilizing varying public 
                relations and advertising techniques.
            ``(4) Matching requirement.--
                    ``(A) Women's business center grants.--As a 
                condition of receiving financial assistance under this 
                section, the grant recipient shall agree to obtain, 
                after its application has been approved and notice of 
                award has been issued, cash contributions from non-
                Federal sources as follows:
                            ``(i) In the first and second years, 1 non-
                        Federal dollar for each 2 Federal dollars 
                        provided under the grant.
                            ``(ii) In the third year, 1 non-Federal 
                        dollar for each Federal dollar provided under 
                        the grant.
                            ``(iii) In each renewal period, 1 non-
                        Federal dollar for each Federal dollar provided 
                        under the grant.
                    ``(B) Form of non-federal contributions.--Not more 
                than \1/2\ of the non-Federal sector matching 
                assistance may be in the form of in-kind contributions 
                that are budget line items only, including office 
                equipment and office space.
                    ``(C) Failure to obtain non-federal funding.--If 
                any grant recipient fails to obtain the required non-
                Federal contribution during any project, it shall not 
                be eligible thereafter for advance disbursements 
                pursuant to subparagraph (D) during the remainder of 
                that project, or for any other project for which it is 
                or may be funded by the Administration. Before 
                approving assistance to the grant recipient for any 
                other projects, the Administration shall specifically 
                determine whether the Administration believes that the 
                grant recipient will be able to obtain the requisite 
                non-Federal funding and enter a written finding setting 
                forth the reasons for making such determination.
                    ``(D) Form of federal contributions.--The financial 
                assistance authorized pursuant to this section may be 
                made by grant, contract, or cooperative agreement and 
                may contain such provision, as necessary, to provide 
                for payments in lump sum or installments, and in 
                advance or by way of reimbursement. The Administration 
                may disburse up to 25 percent of each year's Federal 
                share awarded to a grant recipient after notice of the 
                award has been issued and before the non-Federal sector 
                matching funds are obtained.
            ``(5) Application submission.--Each organization desiring a 
        grant under this subsection, shall submit to the Administration 
        an application that contains--
                    ``(A) a certification that the applicant--
                            ``(i) is a private nonprofit organization;
                            ``(ii) employs an executive director or 
                        program manager to manage the center; and
                            ``(iii) as a condition of receiving a grant 
                        under this subsection, agrees--
                                    ``(I) to receive a site visit 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 subclauses (I) and 
                                (II);
                    ``(B) 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 site 
                for which a grant is sought, including the ability to 
                comply with the matching requirement under paragraph 
                (4);
                    ``(C) information relating to assistance provided 
                by the women's business center site for which a grant 
                is sought in the area in which the site is located, 
                including--
                            ``(i) the number of individuals assisted;
                            ``(ii) the number of hours of counseling, 
                        training, and workshops provided; and
                            ``(iii) the number of startup business 
                        concerns created;
                    ``(D) information demonstrating the effective 
                experience of the applicant in--
                            ``(i) conducting financial, management, and 
                        marketing assistance programs, as described 
                        under paragraph (3), 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 both 
                        socially and economically disadvantaged; and
                            ``(iii) using resource partners of the 
                        Administration and other entities, such as 
                        universities;
                    ``(E) a 3-year plan that projects the ability of 
                the women's business center site for which a grant is 
                sought--
                            ``(i) to serve women business owners or 
                        potential owners in the future by improving 
                        training and counseling activities; and
                            ``(ii) to provide training and services to 
                        a representative number of women who are both 
                        socially and economically disadvantaged; and
                    ``(F) any additional information that the 
                Administration may reasonably require.
            ``(6) Review and approval of applications.--
                    ``(A) In general.--The Administration shall--
                            ``(i) review each application submitted 
                        under paragraph (5) based on the information 
                        provided in such paragraph and the criteria set 
                        forth under subparagraph (B); and
                            ``(ii) as part of the final selection 
                        process, conduct a site visit at each women's 
                        business center for which a grant is sought.
                    ``(B) Selection criteria.--
                            ``(i) In general.--The Administration shall 
                        evaluate and rank applicants in accordance with 
                        predetermined selection criteria that shall be 
stated in terms of relative importance. Such criteria and their 
relative importance shall be made publicly available and stated in each 
solicitation for applications made by the Administration.
                            ``(ii) Required criteria.--The selection 
                        criteria under clause (i) shall include--
                                    ``(I) the experience of the 
                                applicant in conducting programs or 
                                ongoing efforts designed to impart or 
                                upgrade the business skills of women 
                                business owners or potential owners;
                                    ``(II) the ability of the applicant 
                                to commence 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 both socially and 
                                economically disadvantaged; and
                                    ``(IV) the location for the women's 
                                business center site proposed by the 
                                applicant.
                    ``(C) Record retention.--The Administration shall 
                maintain a copy of each application submitted under 
                this subsection for not less than 7 years.
            ``(7) Data collection.--Consistent with the annual report 
        to Congress under subsection (g), each women's business center 
        site that is awarded a grant shall, to the maximum extent 
        practicable, collect information relating to--
                    ``(A) the number of individuals assisted;
                    ``(B) the number of hours of counseling and 
                training provided and workshops conducted;
                    ``(C) the number of startup business concerns 
                formed;
                    ``(D) any available gross receipts of assisted 
                concerns; and
                    ``(E) the number of jobs created, maintained, or 
                lost at assisted concerns.
            ``(8) Savings provision.--Notwithstanding any other 
        provision of law, a contract or cooperative agreement, in 
        effect on the date of enactment of the Women's Small Business 
        Programs Improvement Act of 2003, that awards a sustainability 
        grant to a Women's Business Center, shall remain in full force 
        and effect under the terms, and for the duration, of such 
        contract or agreement.
    ``(c) Association of Women's Business Centers.--
            ``(1) Recognition.--The Administration shall recognize the 
        existence and activities of an association formed by the 
        Women's Business Centers to address matters of common concern.
            ``(2) Consultation.--The Administration shall consult with 
        the association described under paragraph (1) to develop--
                    ``(A) a request for proposal to deliver assistance 
                under this section;
                    ``(B) a training program for the staff of the 
                Women's Business Centers; and
                    ``(C) policies and procedures for governing the 
                general operations and administration of the Women's 
                Business Center Program.''.
    (b) Conforming Amendments.--Section 29 of the Small Business Act 
(15 U.S.C. 656) is amended--
            (1) by redesignating subsections (g), (h), (i), (j), and 
        (k) as subsections (d), (e), (f), (g), and (h), respectively.
            (2) in subsection (e)(2), as redesignated by paragraph (1), 
        by striking ``to award a contract (as a sustainability grant) 
        under subsection (l) or'';
            (3) in subsection (h), as redesignated by paragraph (1)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out the provisions of this section, to remain 
        available until expended--
                    ``(A) $14,500,000 for fiscal year 2004;
                    ``(B) $16,000,000 for fiscal year 2005; and
                    ``(C) $17,500,000 for fiscal year 2006.''; and
                    (B) by striking paragraph (4); and
            (4) by striking subsection (l).

SEC. 4. NATIONAL WOMEN'S BUSINESS COUNCIL.

    (a) Cosponsorship Authority.--Section 406 of the Women's Business 
Ownership Act of 1988 (15 U.S.C. 631 note) is amended by adding at the 
end the following:
    ``(e) Cosponsorship Authority.--The Council is authorized to enter 
into cosponsorship agreements with public and private entities to carry 
out its duties under this section.''.
    (b) Membership.--Section 407 of the Women's Business Ownership Act 
of 1988 (15 U.S.C. 631 note) is amended by adding at the end the 
following:
    ``(j) Representation of Member Organizations.--Notwithstanding 
subsection (b), a national women's business organization or small 
business that is represented on the Council may replace its 
representative member on the Council at any time during the service 
term to which that member was appointed.''.
    (c) Establishment of Committees.--The Women's Business Ownership 
Act of 1988 (15 U.S.C. 631 note) is amended by inserting after section 
407, the following new section:

``SEC. 408. COMMITTEES.

    ``(a) Establishment.--There are established within the Council--
            ``(1) the Committee on Manufacturing, Technology, and 
        Professional Services;
            ``(2) the Committee on Travel, Tourism, and International 
        Trade; and
            ``(3) the Committee on Federal Procurement and Contracting.
    ``(b) Duties.--The Committees established under subsection (a) 
shall perform such duties as the chairperson shall direct.''.
    (d) Repository for Historical Documents.--Section 409 of the 
Women's Business Ownership Act of 1988 (15 U.S.C. 631 note) is amended 
by adding at the end the following:
    ``(c) Repository for Historical Documents.--The Council shall 
establish a repository for historical documents relating to women's 
ownership of small businesses in the United States.''.
    (e) Authorization of Appropriations.--Section 410(a) of the Women's 
Business Ownership Act of 1988 (15 U.S.C. 631 note) is amended by 
striking ``2001 through 2003, of which $550,000'' and inserting ``2004 
through 2006, of which 30 percent''.

SEC. 5. INTERAGENCY COMMITTEE ON WOMEN'S BUSINESS ENTERPRISE.

    (a) Chairperson.--Section 403(b) of the Women's Business Ownership 
Act of 1988 (15 U.S.C. 631 note) is amended--
            (1) by striking ``Not later'' and inserting the following:
            ``(1) In general.--Not later''; and
            (2) by adding at the end the following:
            ``(2) Vacancy.--In the event that a chairperson is not 
        appointed under paragraph (1), the Deputy Administrator of the 
        Small Business Administration shall serve as acting chairperson 
        of the Interagency Committee until a chairperson is appointed 
        under paragraph (1).''.
    (b) Policy Advisory Group.--Section 401 of the Women's Business 
Ownership Act of 1988 (15 U.S.C. 631 note) is amended--
            (1) by striking ``There'' and inserting the following:
    ``(a) In General.--There''; and
            (2) by adding at the end the following:
    ``(b) Policy Advisory Group.--
            ``(1) Establishment.--There is established within the 
        Interagency Committee a Policy Advisory Group to assist the 
        chairperson in developing policies and programs under this Act.
            ``(2) Membership.--The Policy Advisory Group shall be 
        composed of--
                    ``(A) 1 representative from the Small Business 
                Administration;
                    ``(B) 1 representative from the Department of 
                Commerce;
                    ``(C) 1 representative from the Department of 
                Labor;
                    ``(D) 1 representative from the Department of 
                Defense;
                    ``(E) 1 representative from the Association of 
                Women's Business Centers; and
                    ``(F) 2 representatives from the National Women's 
                Business Council.''.
    (c) Establishment of Subcommittees.--Section 401 of the Women's 
Business Ownership Act of 1988 (15 U.S.C. 631 note), as amended by 
subsection (b), is further amended by adding at the end the following:
    ``(c) Subcommittees.--
            ``(1) Establishment.--There are established within the 
        Interagency Committee--
                    ``(A) the Subcommittee on Manufacturing, 
                Technology, and Professional Services;
                    ``(B) the Subcommittee on Travel, Tourism, and 
                International Trade; and
                    ``(C) the Subcommittee on Federal Procurement and 
                Contracting.
            ``(2) Duties.--The Subcommittees established under 
        paragraph (1) shall perform such duties as the chairperson 
        shall direct.''.

SEC. 6. ANNUAL MANAGEMENT REPORT.

    Section 29(g)(1) of the Small Business Act, as amended by this Act, 
is further amended by striking ``The Administration'' and inserting 
``Not later than November 1st of each year, the Administration''.

SEC. 7. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
October 1, 2003.
                                 <all>