[Congressional Record Volume 158, Number 71 (Thursday, May 17, 2012)]
[Senate]
[Pages S3283-S3286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.
                                 ______