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.

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

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.

END