[Congressional Record Volume 158, Number 71 (Thursday, May 17, 2012)]
[Senate]
[Pages S3281-S3287]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. SNOWE (for herself and Ms. Landrieu):
S. 3196. A bill to establish the National Women's High-Growth
Business Bipartisan Task Force, and for other purposes; to the
Committee on Small Business and Entrepreneurship.
Ms. SNOWE. Mr. President, I rise today to introduce S. 3196 and S.
3197. This legislation will strengthen the resources and support that
we provide to women entrepreneurs, and to strengthen oversight of the
SBA's technical assistance programs. The SBA's Entrepreneurial
Development programs are a vital source of training and management
support for entrepreneurs, and I am pleased to work with Chair Landrieu
to improve these programs and ensure that the taxpayer dollars that
support them are being utilized in the most efficient and effective way
possible.
The Women's Small Business Ownership Act of 2012 builds upon our
commitment to providing assistance to women entrepreneurs, whose firms
have grown at ice the rate of other firms. The SBA's Women's Business
Center, WBC, program provides critical assistance to economically or
socially disadvantaged entrepreneurs, especially women. The bill I am
introducing today with Chair Landrieu holds funding for the WBC program
at current levels for the next three years, in recognition that now is
not the time to grow Federal programs, including proven ones like the
SBA's technical assistance efforts.
Our bill also makes necessary improvements to the WBC program, such
as establishing a process and criteria that the SBA must follow in
administering grants under this program, and expanding eligible
entities that can host Women's Business Centers to include local
economic development organizations and community colleges. It also
improves the transparency of project funds to ensure that WBC hosts are
not comingling their grant funds with those for separate purposes and
initiatives.
To further strengthen growth in women-owned businesses, we are also
introducing the National Women's High-Growth Business Bipartisan Task
Force Act of 2012. This legislation would repeal the National Women's
Business Council and replace it with a Women's High-Growth Business
Bipartisan Task Force charged with developing and promoting
initiatives, policies, and programs designed to encourage the formation
of startups and high-growth small business concerns owned by women.
Under current law, the Council receives funding to employ an
executive director and four additional employees, who may receive a
maximum pay rate of GS 15. However, most other advisory committees
across the government and SBA operate without staff, and under this
bill we will save taxpayers nearly $1 million by transitioning the
current Council into a Task Force, similar to the Interagency Veteran's
Task Force at the SBA, which was established in 2008.
Additionally, this legislation places an emphasis on high-growth
small businesses owned and controlled by women. Recently, the Kauffman
Foundation, based in Kansas City, MO, researched the effects of
startups as part of the American economy. These reports demonstrate the
necessity of new and young start-ups to act as mechanisms for reviving
the American economy; particularly those of high-growth entrepreneurs.
In this rapidly growing area of high-growth firms, which often
incorporate intellectual property endeavors, this bill ensures that
women's small business concerns are being addressed, with an emphasis
on achieving and maximizing high-growth potential.
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Finally, I am pleased to join Chair Landrieu in introducing the
Strengthening Resources for America's Entrepreneurs Act. This
legislation aims to improve oversight and coordination among the SBA's
existing entrepreneurial development, ED, programs, including the
Women's Business Centers, WBC, the Small Business Development Centers,
SBDC, and the Service Corps of Retired Executives, SCORE, by setting
performance measures, reducing duplication, and increasing partnerships
with local entrepreneurial training providers to make them more
effective and responsive to the needs of small businesses.
Importantly, this legislation makes several changes to the SBA's
entrepreneurial development programs at no cost to taxpayers. The bill
instructs the SBA to develop a plan outlining how to use ED initiatives
to create new jobs over the next 2 years, improves cross-program
coordination to maximize use of program resources, establishes a
consistent data collection process for all of its technical assistance
programs, and ensures that someone is available to assist small
businesses at all SBA district offices. By requiring the SBA to collect
data will provide important insights into the strengths of the ED
programs and highlight where there is room for improvement.
Now, more than ever, we in Congress must do everything within our
power to help small businesses drive our Nation's economic recovery,
and the SBA programs we are reauthorizing today are critical elements
of that support. In the coming weeks, I look forward to working with
the Chair and my colleagues on both sides of the aisle to move these
bills through the full Senate.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3196
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 ``National Women's High-Growth
Business Bipartisan Task Force Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``Task Force'' means the National Women's
High-Growth Business Bipartisan Task Force established under
section 3; and
(3) the term ``small business concern owned and controlled
by women'' has the meaning given that term in section 3(n) of
the Small Business Act (15 U.S.C. 632(n)).
SEC. 3. NATIONAL WOMEN'S HIGH-GROWTH BUSINESS BIPARTISAN TASK
FORCE.
(a) Establishment.--There is established the National
Women's High-Growth Business Bipartisan Task Force, which
shall serve as an independent source of advice, research, and
policy recommendations to--
(1) the Administrator;
(2) the Assistant Administrator of the Office of Women's
Business Ownership of the Administration;
(3) Congress;
(4) the President; and
(5) other Federal departments and agencies.
(b) Membership.--
(1) Number of members.--The Task Force shall be composed of
15 members, of which--
(A) 8 shall be individuals who own small business concerns
owned and controlled by women, including not fewer than 2
individuals who own small business concerns owned and
controlled by women in industries in which women are
traditionally underrepresented;
(B) 2 shall be individuals having expertise conducting
research on women's business, women's entrepreneurship, new
business development by women, and high-growth business
development; and
(C) 5 shall be individuals who represent women's business
organizations, including women's business centers and women's
business advocacy groups.
(2) Appointment of members.--
(A) Owners of small business concerns owned and controlled
by women.--Of the members of the Task Force described in
paragraph (1)(A)--
(i) 2 shall be appointed by the Chairperson of the
Committee on Small Business and Entrepreneurship of the
Senate;
(ii) 2 shall be appointed by the Ranking Member of the
Committee on Small Business and Entrepreneurship of the
Senate;
(iii) 2 shall be appointed by the Chairperson of the
Committee on Small Business of the House of Representatives;
and
(iv) 2 shall be appointed by the Ranking Member of the
Committee on Small Business of the House of Representatives.
(B) Other members.--The members of the Task Force described
in subparagraphs (B) and (C) of paragraph (1) shall be
appointed by the Administrator.
(C) Initial appointments.--The individuals described in
subparagraphs (A) and (B) shall appoint the initial members
of the Task Force not later than 90 days after the date of
enactment of this Act.
(D) Geographic considerations.--In making an appointment
under this paragraph, the individuals described in
subparagraphs (A) and (B) shall give consideration to the
geographic areas of the United States in which the members of
the Task Force live and work, particularly to ensure that
rural areas are represented on the Task Force.
(E) Political affiliation.--Not more than 8 members of the
Task Force may be members of the same political party.
(3) Chairperson.--
(A) Election of chairperson.--The members of the Task Force
shall elect 1 member of the Task Force as Chairperson of the
Task Force.
(B) Vacancies.--Any vacancy in the position of Chairperson
of the Task Force shall be filled by the Task Force at the
first meeting of the Task Force after the date on which the
vacancy occurs.
(4) Term of service.--
(A) In general.--Except as provided in subparagraph (B),
the term of service of each member of the Task Force shall be
3 years.
(B) Terms of initial appointees.--Of the members of the
Task Force first appointed after the date of enactment of
this Act--
(i) 6 shall be appointed for a term of 4 years, including--
(I) 1 member appointed by the individuals described in each
of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A);
and
(II) 2 members appointed by the Administrator; and
(ii) 5 shall be appointed for a term of 5 years,
including--
(I) 1 member appointed by the individuals described in each
of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A);
and
(II) 1 member appointed by the Administrator.
(5) Vacancies.--A vacancy on the Task Force shall be filled
not later than 30 days after the date on which the vacancy
occurs, in the manner in which the original appointment was
made, and shall be subject to any conditions that applied to
the original appointment. An individual chosen to fill a
vacancy shall be appointed for the unexpired term of the
member replaced.
(6) Prohibition on federal employment.--
(A) In general.--Except as provided in subparagraph (B), no
member of the Task Force may serve as an officer or employee
of the United States.
(B) Exception.--A member of the Task Force who accepts a
position as an officer or employee of the United States after
appointment to the Task Force may continue to serve on the
Task Force for not more than 30 days after the date of such
acceptance.
(7) Compensation and expenses.--
(A) No compensation.--Each member of the Task Force shall
serve without compensation.
(B) Expenses.--The Administrator shall reimburse the
members of the Task Force for travel and subsistence expenses
in accordance with section 5703 of title 5, United States
Code.
(c) Duties.--The Task Force shall--
(1) review and monitor plans and programs developed in the
public and private sectors that affect the ability of small
business concerns owned and controlled by women to obtain
capital and credit and to access markets, and provide advice
on improving coordination between such plans and programs;
(2) monitor and promote the plans, programs, and operations
of the Federal departments and agencies that contribute to
the formation and development of small business concerns
owned and controlled by women, and make recommendations to
Federal departments and agencies concerning the coordination
of such plans, programs, and operations;
(3) develop and promote initiatives, policies, programs,
and plans designed to encourage the formation of startups and
high-growth small business concerns owned and controlled by
women;
(4) advise the Administrator on the development and
implementation of an annual comprehensive plan for joint
efforts by the public and private sectors to facilitate the
formation and development of startups and high-growth small
business concerns owned and controlled by women; and
(5) examine the link between women who own small business
concerns and intellectual property, including--
(A) the number of patents, trademarks, and copyrights
granted to women; and
(B) the challenges faced by high-growth small business
concerns owned and controlled by women in obtaining and
enforcing intellectual property rights.
(d) Powers.--
(1) Hearings.--The Task Force may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Task Force considers advisable
to carry out its duties.
(2) Task groups.--The Task Force may, from time to time,
establish temporary task groups, as necessary to carry out
the duties of the Task Force.
(3) Information from federal agencies.--Upon request of the
Chairperson of the Task
[[Page S3283]]
Force, the head of any Federal department or agency shall
furnish such information to the Task Force as the Task Force
considers necessary to carry out its duties.
(4) Use of mails.--The Task Force may use the United States
mails in the same manner and under the same conditions as
Federal departments and agencies.
(5) Gifts.--The Task Force may accept, use, and dispose of
gifts or donations of services or property.
(e) Meetings.--
(1) In general.--The Task Force shall meet--
(A) not less than 3 times each year;
(B) at the call of the Chairperson; and
(C) upon the request of--
(i) the Administrator;
(ii) the Chairperson and Ranking Member of the Committee on
Small Business and Entrepreneurship of the Senate; or
(iii) the Chairperson and Ranking Member of the Committee
on Small Business of the House of Representatives.
(2) Participation of federal agencies.--
(A) Participation encouraged.--The Task Force shall allow
and encourage participation in meetings by representatives
from Federal agencies.
(B) Functions of representatives of federal agencies.--A
representative from a Federal agency--
(i) may be used as a resource; and
(ii) may not vote or otherwise act as a member of the Task
Force.
(3) Location.--Each meeting of the full Task Force shall be
held at the headquarters of the Administration, unless, not
later than 1 month before the meeting, a majority of the
members of the Task Force agree to meet at another location.
(4) Support by administrator.--The Administrator shall
provide suitable meeting facilities and such administrative
support as may be necessary for each full meeting of the Task
Force.
(f) Reports.--
(1) Reports by task force.--
(A) Reports required.--Not later than 30 days after the end
of each fiscal year, the Task Force shall submit to the
President and to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives, a report
containing--
(i) a detailed description of the activities of the Task
Force, including a report on how the Task Force has carried
out the duties described in subsection (c);
(ii) the findings and recommendations of the Task Force;
and
(iii) the recommendations of the Task Force for--
(I) promoting intellectual property rights for high-growth
small business concerns owned and controlled by women; and
(II) such legislative and administrative actions as the
Task Force considers appropriate to promote the formation and
development of small business concerns owned and controlled
by women.
(B) Form of reports.--The report required under
subparagraph (A) shall include--
(i) any concurring or dissenting views of the
Administrator; and
(ii) the minutes of each meeting of the Task Force.
(2) Reports by chief counsel for advocacy.--
(A) Studies.--
(i) In general.--Not less frequently than twice each year,
the Chief Counsel for Advocacy of the Small Business
Administration, in consultation with the Task Force, shall
conduct a study of an issue that is important to small
business concerns owned and controlled by women.
(ii) Topics.--The topic of a study under clause (i) shall--
(I) be an issue that the Task Force determines is critical
to furthering the interests of small business concerns owned
and controlled by women; and
(II) relate to--
(aa) Federal prime contracts and subcontracts awarded to
small business concerns owned and controlled by women;
(bb) access to credit and investment capital by women
entrepreneurs;
(cc) acquiring and enforcing intellectual property rights;
or
(dd) any other issue relating to small business concerns
owned and controlled by women that the Task Force determines
is appropriate.
(iii) Contracting.--In conducting a study under this
subparagraph, the Chief Counsel may contract with a public or
private entity.
(B) Report.--The Chief Counsel for Advocacy shall--
(i) submit a report containing the results of each study
under subparagraph (A) to the Task Force, the Committee on
Small Business and Entrepreneurship of the Senate, and the
Committee on Small Business of the House of Representatives;
and
(ii) make each report submitted under clause (i) available
to the public online.
(g) Federal Advisory Committee Act.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Task Force.
SEC. 4. REPEAL.
(a) Final Reports.--Not later than 90 days after of the
date of enactment of this Act--
(1) the Interagency Committee on Women's Business
Enterprise shall submit to the President and the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report containing the information described in paragraphs
(1), (2), and (3) of section 404 of the Women's Business
Ownership Act of 1988 (15 U.S.C. 7104), as in effect on the
day before the date of enactment of this Act; and
(2) the National Women's Business Council shall submit to
the President and the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report containing
the information described in subparagraphs (A), (B), and (C)
of section 406(d)(6) of the Women's Business Ownership Act of
1988 (15 U.S.C. 7106), as in effect on the day before the
date of enactment of this Act.
(b) Repeal.--The Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended by striking title IV (15 U.S.C.
7101 et seq.).
(c) Technical and Conforming Amendments.--The Small
Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 8(b)(1)(G) (15 U.S.C. 637(b)(1)(G)), by
striking ``and to carry out the activities authorized by
title IV of the Women's Business Ownership Act of 1988''; and
(2) in section 29(g) (15 U.S.C. 656(g))--
(A) in paragraph (1), by striking ``women's business
enterprises (as defined in section 408 of the Women's
Business Ownership Act of 1988 (15 U.S.C. 631 note))'' and
inserting ``small business concerns owned and controlled by
women''; and
(B) in paragraph (2)(B)(ii)--
(i) in subclause (VI), by adding ``and'' at the end;
(ii) in subclause (VII), by striking the semicolon at the
end and inserting a period; and
(iii) by striking subclauses (VIII), (IX), and (X).
(d) Effective Date.--The amendments made by subsections (b)
and (c) shall take effect 90 days after the date of enactment
of this Act.
______
By Ms. SNOWE (for herself and Ms. Landrieu):
S. 3197. A bill to reauthorize the women's business center program of
the Small Business Administration, and for other purposes; to the
Committee on Small Business and Entrepreneurship.
Ms. SNOWE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3197
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
Ownership Act of 2012''.
SEC. 2. DEFINITION.
In this Act, the term ``Administrator'' means the
Administrator of the Small Business Administration.
SEC. 3. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.
(a) In General.--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:
``(3) Training.--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.
``(4) Program and transparency improvements.--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
[[Page S3284]]
``(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.''.
(b) Change of Title.--
(1) In general.--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''.
(2) Women's business ownership act of 1988.--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''.
SEC. 4. WOMEN'S BUSINESS CENTER PROGRAM.
(a) Women's Business Center Financial Assistance.--Section
29 of the Small Business Act (15 U.S.C. 656) is amended--
(1) in subsection (a), as amended by section 3(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);'';
(C) in paragraph (4), by striking ``and'' at the end;
(D) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(E) 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:
``(1) In general.--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:
``(2) Use of funds.--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:
``(3) Amount of financial assistance.--
``(A) In general.--The Administrator may award financial
assistance under this subsection of not less than $100,000
and not more than $150,000 per year.
``(B) Lower amount.--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).
``(C) Equal allocations.--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.
``(4) Consultation with associations of women's business
centers.--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:
``(6) Separation of project and funds.--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:
``(f) Applications and Criteria for Initial Financial
Assistance.--
``(1) Application.--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.
``(2) Additional information.--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.
``(3) Review and approval of applications for initial
financial assistance.--
``(A) In general.--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.
``(B) Selection criteria.--
``(i) In general.--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
[[Page S3285]]
``(III) publicly available and stated in each solicitation
for applications for financial assistance under subsection
(b) made by the Administrator.
``(ii) Required criteria.--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.
``(C) Proximity.--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.
``(D) Record retention.--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:
``(3) Application and approval for renewal grants.--
``(A) Solicitation of applications.--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.
``(B) Contents of application.--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.
``(C) Review and approval of applications for grants.--
``(i) In general.--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.
``(ii) Selection criteria.--
``(I) In general.--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.
``(II) Required criteria.--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.
``(iii) Conditions for continued funding.--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.
``(D) Notification.--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.
``(E) Record retention.--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:
``(5) Award to previous recipients.--There shall be no
limitation on the number of times the Administrator may award
a grant to an applicant under this subsection.''.
(b) Technical and Conforming Amendments.--
(1) In general.--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 (5); and
(iii) by inserting before paragraph (5), as so
redesignated, the following:
``(1) In general.--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.
``(2) Use of funds.--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.
``(3) Continuing grant and cooperative agreement
authority.--
``(A) Prompt disbursement.--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.
``(B) Suspension or termination.--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.
(2) Prospective repeal.--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
4(a)(3)(E) of the Women's Small Business Ownership Act of
2012, as paragraph (5).''.
(c) Effect on Existing Grants.--
(1) Terms and conditions.--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.
(2) Length of renewal grant.--The Administrator may award a
grant under section
[[Page S3286]]
29(l) of the Small Business Act, as so redesignated by
subsection (b)(5) of this Act, 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.
SEC. 5. STUDY AND REPORT ON ECONOMIC ISSUES FACING WOMEN'S
BUSINESS CENTERS.
(a) Study.--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.
(b) Report.--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.
(c) Definition of Covered Area.--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.
SEC. 6. STUDY AND REPORT ON OVERSIGHT OF WOMEN'S BUSINESS
CENTERS.
(a) Study.--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 Veteran 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 Veteran 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.
(b) Report.--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 Veteran Business
Outreach Centers.
______
By Mr. REED (for himself and Mr. Kyl):
S. 3201. A bill to reform graduate medical education payments, and
for other purposes; to the Committee on Finance.
Mr. REED. Mr. President, today I introduce the Graduate Medical
Education, GME, Reform Act, along with my colleague Senator Kyl. This
legislation is a continuation of my longstanding efforts to support our
future health care workforce and improve patient care.
While there are a variety of initiatives to support the education and
training of physicians, none are more substantial than the GME funding
provided by Medicare. This program either directly or indirectly
supports every single physician trained in this country. No other
Federal or State program can claim this credit.
Unfortunately, the size of the program has led some to propose its
funding be cut and redirected toward deficit reduction. The President's
Fiscal Commission, the Domenici-Rivlin plan, and even some Members of
Congress have made this recommendation. Reducing GME funding by the
levels specified in these proposals could be devastating to training
programs.
These proposals stem from an assertion by the congressionally
authorized Medicare Payment Advisory Commission, MedPAC, that teaching
hospitals are overpaid for the education and training they currently
provide residents, and that GME funding should be better used to align
residency training with key improvements in our health care delivery
system. However, the Fiscal Commission and the Rivlin-Domenici plan
ignored the latter aspect of MedPAC's recommendation. MedPAC did not
recommend removing GME funding from the system. Instead, MedPAC
suggested Congress should make teaching hospitals more accountable for
the GME funding they currently receive. In MedPAC's proposal, all GME
funding would stay in the system to help support and improve medical
education and training.
The legislation we are introducing today aligns closely with MedPAC's
proposal for greater accountability by teaching hospitals and enhanced
effectiveness in the use of GME funding, but with some key changes. One
such change would enable hospitals to compete for additional GME
funding in order to provide a greater incentive for teaching hospitals
to improve their programs.
Teaching hospitals incur higher costs than other hospitals. They
invest in the newest technologies and employ the physician supervisors
most qualified to train our future doctors. Moreover, as a result of
the new health care reform law, many of these hospitals, physician
supervisors, and residents will treat an influx of patients beginning
in 2014. GME funding is critical to building and sustaining our health
care infrastructure and future health care workforce.
It is critical that GME funding remain intact, but that doesn't mean
we shouldn't use this opportunity to encourage these programs to do
more to better train residents in: primary care delivery, a variety of
settings and systems, care coordination, and how to work in inter-
professional and multi-disciplinary teams. The new oversight provided
for in the GME Reform Act would help to break down the silos in
medicine and ensure that physicians work together to provide patients
with comprehensive health care.
In addition, the legislation would enhance GME payment transparency,
which we hope will help prove to the skeptics that this funding serves
a critical purpose.
I am particularly pleased that the Association of American Medical
Colleges has expressed support for legislation. While the organization
would prefer this legislation be included as part of an overall effort
to increase the number of residents trained each year, which I also
support, I believe we must begin a dialogue about a sensible and
thoughtful approach to improving GME accountability and transparency. I
hope my colleagues will take careful look at our legislation, and I
look forward to working with them on this important issue.
Mr. KYL. Mr. President, the Federal Government now pays for more than
half of all health care costs in this country, and that number is
likely to grow with the rapidly aging U.S. population. Indeed, Medicare
will face a nearly \1/3\ enrollment increase in the coming decade. We
have promised health care benefits to these seniors; to keep that
promise, we must ensure there are enough physicians to treat them.
Unfortunately, the medical workforce is shrinking: estimates show that
we may experience a shortage of up to 159,000 physicians by 2025.
In light of these sobering statistics, the government has a strong
interest in doing more to encourage the training of physicians who can
deliver quality care to our Nation's seniors. Even if we continue
funding medical education at current levels, we will soon face a severe
crisis in access to medical care. Cutting this medical education
funding would be counter-intuitive at best; dangerous at worst. In
recent years, however, there have been several proposals to do just
that.
It is true that there is a lack of transparency and accountability
around this funding--mainly because we do not require hospitals to
report on how money is spent, and because we have not set workforce
goals for hospitals to meet. But that does not necessarily mean that
the money is spent poorly, or that it is an area ripe for funding
reductions.
Rather than simply slash funding, we should work to remedy this lack
of
[[Page S3287]]
transparency and encourage hospitals to meet certain quality metrics.
The Graduate Medical Education Reform Act offers one promising avenue
to do so. Under this bill, if a teaching hospital produces quality
residents as measured by certain consensus-based metrics, it can get up
to a 3 percent increase in indirect medical education funding.
Conversely, a hospital that fails to meet the metrics can be penalized
by up to 3 percent.
This is one common-sense approach that maintains overall current
funding levels while encouraging quality teaching programs. I urge my
colleagues to join Senator Reed and me in supporting this measure.
______
By Mrs. MURRAY (for herself, Mr. Burr, Mr. Nelson, of Florida,
and Mr. Rubio):
S. 3202. A bill to amend title 38, United States Code, to ensure that
deceased veterans with no known next of kin can receive a dignified
burial, and for other purposes; to the Committee on Veterans' Affairs.
Mrs. MURRAY. Mr. President, today, as Chairman of the Senate
Committee on Veterans' Affairs, I am proud to introduce the Dignified
Burial of Veterans Act of 2012 with Senator Burr, Ranking Member of the
Committee on Veterans' Affairs, and my Senate colleagues from the state
of Florida, Senators Nelson and Rubio.
When America's heroes make a commitment to serve their country, we
make a promise to care for them. One of the many ways in which we care
for our veterans is by helping to provide them with a burial that
honors their service.
That is why I was concerned when I learned that a veteran at a VA
National Cemetery had an inappropriate burial. This veteran, with no
known next-of-kin, was buried in a cardboard container that later
disintegrated to the point where the veteran's remains were exposed and
found during a raise and realign project at the cemetery. The veteran's
remains were later placed in a bag and reburied with what was left of
the cardboard box. This defies logic.
There is no reason why the remains of a veteran should ever be
treated with this lack of dignity.
Yet, under current law, VA is not authorized to purchase a casket or
urn for veterans who do not have a next-of-kin to provide one, or the
resources to be buried in an appropriate manner.
We must take steps to prevent this from occurring again. That is why
this bill would authorize VA to furnish a casket or urn to a deceased
veteran when VA is unable to identify the veteran's next-of-kin and
determines that sufficient resources are not otherwise available to
furnish a casket or urn for burial in a national cemetery. This bill
would further require that VA report back to Congress on the industry
standard for urns and caskets and whether burials at VA's national
cemeteries are meeting that standard.
I think we can all agree that every veteran deserves a dignified
burial. Today, I am pleased to stand with my bipartisan colleagues to
introduce a bill that would ensure that they receive one.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3202
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 ``Dignified Burial of Veterans
Act of 2012''.
SEC. 2. FURNISHING CASKETS AND URNS FOR DECEASED VETERANS
WITH NO KNOWN NEXT OF KIN.
(a) In General.--Section 2306 of title 38, United States
Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) The Secretary may furnish a casket or urn, of such
quality as the Secretary considers appropriate for a
dignified burial, for burial in a national cemetery of a
deceased veteran in any case in which the Secretary--
``(1) is unable to identify the veteran's next of kin, if
any; and
``(2) determines that sufficient resources for the
furnishing of a casket or urn for the burial of the veteran
in a national cemetery are not otherwise available.''; and
(3) in subsection (h), as redesignated by paragraph (1), by
adding at the end the following new paragraph:
``(4) A casket or urn may not be furnished under subsection
(f) for burial of a person described in section 2411(b) of
this title.''.
(b) Effective Date.--Subsections (f) and (h)(4) of section
2306 of title 38, United States Code, as added by subsection
(a), shall take effect on the date of the enactment of this
Act and shall apply with respect to deaths occurring on or
after such date.
SEC. 3. REPORT ON COMPLIANCE OF DEPARTMENT OF VETERANS
AFFAIRS WITH INDUSTRY STANDARDS FOR CASKETS AND
URNS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the compliance of the Department
of Veterans Affairs with industry standards for caskets and
urns.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of industry standards for caskets and
urns.
(2) An assessment of compliance with such standards at
National Cemeteries administered by the Department with
respect to caskets and urns used for the interment of those
eligible for burial at such cemeteries.
____________________