Home > 106th Congressional Bills > S. 791 (es) To amend the Small Business Act with respect to the women's business center program. [Engrossed in Senate] ...S. 791 (es) To amend the Small Business Act with respect to the women's business center program. [Engrossed in Senate] ...
S.791
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
To amend the Small Business Act with respect to the women's business
center program.
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 Business Centers
Sustainability Act of 1999''.
SEC. 2. PRIVATE NONPROFIT ORGANIZATIONS.
Section 29 of the Small Business Act (15 U.S.C. 656) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) the term `private nonprofit organization' means an entity
that is described in section 501(c) of the Internal Revenue Code of
1986 and exempt from taxation under section 501(a) of such Code;'';
and
(2) in subsection (b), by inserting ``nonprofit'' after
``private''.
SEC. 3. INCREASED MANAGEMENT OVERSIGHT AND REVIEW OF WOMEN'S BUSINESS
CENTERS.
Section 29 of the Small Business Act (15 U.S.C. 656) is amended--
(1) by striking subsection (h) and inserting the following:
``(h) Program Examination.--
``(1) In general.--The Administration shall--
``(A) develop and implement an annual programmatic and
financial examination of each women's business center
established pursuant to this section, pursuant to which each
such center shall provide to the Administration--
``(i) an itemized cost breakdown of actual expenditures
for costs incurred during the preceding year; and
``(ii) documentation regarding the amount of matching
assistance from non-Federal sources obtained and expended
by the center during the preceding year in order to meet
the requirements of subsection (c) and, with respect to any
in-kind contributions described in subsection (c)(2) that
were used to satisfy the requirements of subsection (c),
verification of the existence and valuation of those
contributions; and
``(B) analyze the results of each such examination and,
based on that analysis, make a determination regarding the
programmatic and financial viability of each women's business
center.
``(2) Conditions for continued funding.--In determining whether
to award a contract (as a sustainability grant) under subsection
(l) or to renew a contract (either as a grant or cooperative
agreement) under this section with a women's business center, the
Administration--
``(A) shall consider the results of the most recent
examination of the center under paragraph (1); and
``(B) may withhold such award or renewal, if the
Administration determines that--
``(i) the center has failed to provide any information
required to be provided under clause (i) or (ii) of
paragraph (1)(A), or the information provided by the center
is inadequate; or
``(ii) the center has failed to provide any information
required to be provided by the center for purposes of the
report of the Administration under subsection (j), or the
information provided by the center is inadequate.''; and
(2) by striking subsection (j) and inserting the following:
``(j) Management Report.--
``(1) In general.--The Administration shall prepare and submit
to the Committees on Small Business of the House of Representatives
and the Senate a report on the effectiveness of all projects
conducted under this section.
``(2) Contents.--Each report submitted under paragraph (1)
shall include information concerning, with respect to each women's
business center established pursuant to this section--
``(A) the number of individuals receiving assistance;
``(B) the number of startup business concerns formed;
``(C) the gross receipts of assisted concerns;
``(D) the employment increases or decreases of assisted
concerns;
``(E) to the maximum extent practicable, increases or
decreases in profits of assisted concerns; and
``(F) the most recent analysis, as required under
subsection (h)(1)(B), and the subsequent determination made by
the Administration under that subsection.''.
SEC. 4. WOMEN'S BUSINESS CENTERS SUSTAINABILITY PILOT PROGRAM.
(a) In General.--Section 29 of the Small Business Act (15 U.S.C.
656) is amended by adding at the end the following:
``(l) Sustainability Pilot Program.--
``(1) In general.--There is established a 4-year pilot program
under which the Administration is authorized to award grants
(referred to in this section as `sustainability grants') on a
competitive basis for an additional 5-year project under this
section to any private nonprofit organization (or a division
thereof)--
``(A) that has received financial assistance under this
section pursuant to a grant, contract, or cooperative
agreement; and
``(B) that--
``(i) is in the final year of a 5-year project; or
``(ii) has completed a project financed under this
section (or any predecessor to this section) and continues
to provide assistance to women entrepreneurs.
``(2) Conditions for participation.--In order to receive a
sustainability grant, an organization described in paragraph (1)
shall submit to the Administration an application, which shall
include--
``(A) a certification that the applicant--
``(i) is a private nonprofit organization;
``(ii) employs a full-time executive director or
program manager to manage the center; and
``(iii) as a condition of receiving a sustainability
grant, agrees--
``(I) to a site visit as part of the final
selection process and to an annual programmatic and
financial examination; and
``(II) to the maximum extent practicable, to remedy
any problems identified pursuant to that site visit or
examination;
``(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
sustainability grant is sought, including the ability to
fundraise;
``(C) information relating to assistance provided by the
women's business center site for which a sustainability 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 formed;
``(D) information demonstrating the effective experience of
the applicant in--
``(i) conducting financial, management, and marketing
assistance programs, as described in paragraphs (1), (2),
and (3) of subsection (b), designed to impart or upgrade
the business skills of women business owners or potential
owners;
``(ii) providing training and services to a
representative number of women who are both socially and
economically disadvantaged;
``(iii) using resource partners of the Administration
and other entities, such as universities;
``(iv) complying with the cooperative agreement of the
applicant; and
``(v) the prudent management of finances and staffing,
including the manner in which the performance of the
applicant compared to the business plan of the applicant
and the manner in which grant funds awarded under
subsection (b) were used by the applicant; and
``(E) a 5-year plan that projects the ability of the
women's business center site for which a sustainability grant
is sought--
``(i) to serve women business owners or potential
owners in the future by improving fundraising and training
activities; and
``(ii) to provide training and services to a
representative number of women who are both socially and
economically disadvantaged.
``(3) Review of applications.--
``(A) In general.--The Administration shall--
``(i) review each application submitted under paragraph
(2) based on the information provided in subparagraphs (D)
and (E) of that paragraph, and the criteria set forth in
subsection (f);
``(ii) as part of the final selection process, conduct
a site visit at each women's business center for which a
sustainability grant is sought; and
``(iii) approve or disapprove applications for
sustainability grants simultaneously with applications for
grants under subsection (b).
``(B) Data collection.--Consistent with the annual report
to Congress under subsection (j), each women's business center
site that is awarded a sustainability grant shall, to the
maximum extent practicable, collect information relating to--
``(i) the number of individuals assisted;
``(ii) the number of hours of counseling and training
provided and workshops conducted;
``(iii) the number of startup business concerns formed;
``(iv) any available gross receipts of assisted
concerns; and
``(v) the number of jobs created, maintained, or lost
at assisted concerns.
``(C) Record retention.--The Administration shall maintain
a copy of each application submitted under this subsection for
not less than 10 years.
``(4) Non-federal contribution.--
``(A) In general.--Notwithstanding any other provision of
this section, as a condition of receiving a sustainability
grant, an organization described in paragraph (1) shall agree
to obtain, after its application has been approved under
paragraph (3) and notice of award has been issued, cash and in-
kind contributions from non-Federal sources for each year of
additional program participation in an amount equal to 1 non-
Federal dollar for each Federal dollar.
``(B) Form of non-federal contributions.--Not more than 50
percent of the non-Federal assistance obtained for purposes of
subparagraph (A) may be in the form of in-kind contributions
that are budget line items only, including office equipment and
office space.
``(5) Timing of requests for proposals.--In carrying out this
subsection, the Administration shall issue requests for proposals
for women's business centers applying for the pilot program under
this subsection simultaneously with requests for proposals for
grants under subsection (b).''.
(b) Authorization of Appropriations.--Section 29(k) of the Small
Business Act (15 U.S.C. 656(k)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--There is authorized to be appropriated, to
remain available until the expiration of the pilot program under
subsection (l)--
``(A) $12,000,000 for fiscal year 2000;
``(B) $12,800,000 for fiscal year 2001;
``(C) $13,700,000 for fiscal year 2002; and
``(D) $14,500,000 for fiscal year 2003.'';
(2) in paragraph (2)--
(A) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
amounts made''; and
(B) by adding at the end the following:
``(B) Exceptions.--Of the amount made available under this
subsection for a fiscal year, the following amounts shall be
available for selection panel costs, post-award conference
costs, and costs related to monitoring and oversight:
``(i) For fiscal year 2000, 2 percent.
``(ii) For fiscal year 2001, 1.9 percent.
``(iii) For fiscal year 2002, 1.9 percent.
``(iv) For fiscal year 2003, 1.6 percent.''; and
(3) by adding at the end the following:
``(4) Reservation of funds for sustainability pilot program.--
``(A) In general.--Subject to subparagraph (B), of the
total amount made available under this subsection for a fiscal
year, the following amounts shall be reserved for
sustainability grants under subsection (l):
``(i) For fiscal year 2000, 17 percent.
``(ii) For fiscal year 2001, 18.8 percent.
``(iii) For fiscal year 2002, 30.2 percent.
``(iv) For fiscal year 2003, 30.2 percent.
``(B) Use of unawarded funds for sustainability pilot
program grants.--If the amount reserved under subparagraph (A)
for any fiscal year is not fully awarded to private nonprofit
organizations described in subsection (l)(1)(B), the
Administration is authorized to use the unawarded amount to
fund additional women's business center sites or to increase
funding of existing women's business center sites under
subsection (b).''.
(c) Guidelines.--Not later than 30 days after the date of enactment
of this Act, the Administrator of the Small Business Administration
shall issue guidelines to implement the amendments made by this
section.
SEC. 5. SENSE OF THE SENATE REGARDING GOVERNMENT PROCUREMENT ACCESS FOR
WOMEN-OWNED SMALL BUSINESSES.
(a) Findings.--The Senate finds that--
(1) women-owned small businesses are a powerful force in the
economy;
(2) between 1987 and 1996--
(A) the number of women-owned small businesses in the
United States increased by 78 percent, almost twice the rate of
increase of all businesses in the United States;
(B) the number of women-owned small businesses increased in
every State;
(C) total sales by women-owned small businesses in the
United States increased by 236 percent;
(D) employment provided by women-owned small businesses in
the United States increased by 183 percent; and
(E) the rates of growth for women-owned small businesses in
the United States for the fastest growing industries were--
(i) 171 percent in construction;
(ii) 157 percent in wholesale trade;
(iii) 140 percent in transportation and communications;
(iv) 130 percent in agriculture; and
(v) 112 percent in manufacturing;
(3) approximately 8,000,000 women-owned small businesses in the
United States provide jobs for 15,500,000 individuals and generate
almost $1,400,000,000,000 in sales each year;
(4) the participation of women-owned small businesses in the
United States in the procurement market of the Federal Government
is limited;
(5) the Federal Government is the largest purchaser of goods
and services in the United States, spending more than
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