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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1838 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 1838

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 9, 2009

 Received; read twice and referred to the Committee on Small Business 
                          and Entrepreneurship

_______________________________________________________________________

                                 AN ACT

 
 To amend the Small Business Act to modify certain provisions relating 
          to women's business centers, 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. NOTIFICATION OF GRANTS; PUBLICATION OF GRANT AMOUNTS.

    Section 29 of the Small Business Act (15 U.S.C. 656) is amended by 
adding at the end the following new subsection:
    ``(o) Notification of Grants; Publication of Grant Amounts.--The 
Administrator shall disburse funds to a women's business center not 
later than 1 month after the center's application is approved under 
this section. At the end of each fiscal year the Administrator (acting 
through the Office of Women's Business ownership) shall publish on the 
Administration's website a report setting forth the total amount of the 
grants made under this Act to each women's business center in the 
fiscal year for which the report is issued, the total amount of such 
grants made in each prior fiscal year to each such center, and the 
total amount of private matching funds provided by each such center 
over the lifetime of the center.''.

SEC. 2. COMMUNICATIONS.

    Section 29 of the Small Business Act (15 U.S.C. 656), as amended, 
is further amended by adding at the end the following new subsection:
    ``(p) Communications.--The Administrator shall establish, by rule, 
a standardized process to communicate with women's business centers 
regarding program administration matters, including reimbursement, 
regulatory matters, and programmatic changes. The Administrator shall 
notify each women's business center of the opportunity for notice and 
comment on the proposed rule.''.

SEC. 3. FUNDING.

    (a) Formula.--Section 29(b) of the Small Business Act (15 U.S.C. 
656(b)) is amended to read as follows:
    ``(b) Authority.--
            ``(1) In general.--The Administrator may provide financial 
        assistance to private nonprofit organizations to conduct 
        projects for the benefit of small business concerns owned and 
        controlled by women. The projects shall 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, including implementing cost-saving 
                energy techniques; 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.
            ``(2) Tiers.--The Administrator shall provide assistance 
        under paragraph (1) in 3 tiers of assistance as follows:
                    ``(A) The first tier shall be to conduct a 5-year 
                project in a situation where a project has not 
                previously been conducted. Such a project shall be in a 
                total amount of not more than $150,000 per year. 
                Projects receiving assistance under this subparagraph 
                that possess the capacity to train existing or 
                potential business owners in the fields of green 
                technology, clean technology, or energy efficiency 
                shall receive the maximum award under this 
                subparagraph.
                    ``(B) The second tier shall be to conduct a 3-year 
                project in a situation where a first-tier project is 
                being completed. Such a project shall be in a total 
                amount of not more than $100,000 per year.
                    ``(C) The third tier shall be to conduct a 3-year 
                project in a situation where a second-tier project is 
                being completed. Such a project shall be in a total 
                amount of not more than $100,000 per year. Third-tier 
                grants shall be renewable subject to established 
                eligibility criteria as well as criteria in subsection 
                (b)(4).
            ``(3) Allocation of funds.--Of the amounts made available 
        for assistance under this subsection, the Administrator shall 
        allocate--
                    ``(A) at least 40 percent for first-tier projects 
                under paragraph (2)(A);
                    ``(B) 20 percent for second-tier projects under 
                paragraph (2)(B); and
                    ``(C) the remainder for third-tier projects under 
                paragraph (2)(C).
            ``(4)  Benchmarks for third-tier projects.--In awarding 
        third-tier projects under paragraph (2)(C), the Administrator 
        shall use benchmarks based on socio-economic factors in the 
        community and on the performance of the applicant. The 
        benchmarks shall include--
                    ``(A) the total number of women served by the 
                project;
                    ``(B) the proportion of low income women and socio-
                economic distribution of clients served by the project;
                    ``(C) the proportion of individuals in the 
                community that are socially or economically 
                disadvantaged (based on median income);
                    ``(D) the future fund-raising and service 
                coordination plans;
                    ``(E) the capacity of the project to train existing 
                or potential business owners in the fields of green 
                technology, clean technology, or energy efficiency;
                    ``(F) the diversity of services provided; and
                    ``(G) geographic distribution within and across the 
                10 regions of the Small Business Administration.''.
    (b) Matching.--Subparagraphs (A) and (B) of section 29(c)(1) of the 
Small Business Act (15 U.S.C. 656(c)(1)) are amended to read as 
follows:
                    ``(A) For the first and second years of the 
                project, 1 non-Federal dollar for each 2 Federal 
                dollars.
                    ``(B) Each year after the second year of the 
                project--
                            ``(i) 1 non-Federal dollar for each Federal 
                        dollar; or
                            ``(ii) if the center is in a community at 
                        least 50 percent of the population of which is 
                        below the median income for the State or United 
                        States territory in which the center is 
                        located, 1 non-Federal dollar for each 2 
                        Federal dollars.''.
    (c) Authorization.--Section 20 of the Small Business Act (15 U.S.C. 
631 note) is amended by inserting the following new subsection after 
subsection (e):
    ``(f) Women's Business Centers.--There is authorized to be 
appropriated for purposes of grants under section 29 to women's 
business centers not more than $20,000,000 in fiscal year 2010 and not 
more than $22,000,000 in fiscal year 2011.''.

SEC. 4. PERFORMANCE AND PLANNING.

    (a) In General.--Section 29(h)(1) of the Small Business Act (15 
U.S.C. 656(h)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (D); 
        and
            (3) by inserting the following new subparagraphs after 
        subparagraph (A):
                    ``(B) establish performance measures, taking into 
                account the demographic differences of populations 
                served by women's business centers, which measures 
                shall include--
                            ``(i) outcome-based measures of the amount 
                        of job creation or economic activity generated 
                        in the local community as a result of efforts 
                        made and services provided by each women's 
                        business center, and
                            ``(ii) service-based measures of the amount 
                        of services provided to individuals and small 
                        business concerns served by each women's 
                        business center;
                    ``(C) require each women's business center to 
                submit an annual plan for the next year that includes 
                the center's funding sources and amounts, strategies 
                for increasing outreach to women-owned businesses, 
                strategies for increasing job growth in the community, 
                strategies for increasing job placement of women in 
                nontraditional occupations, and other content as 
                determined by the Administrator; and''.
    (b) Conforming Amendment.--Section 29(h)(1) of the Small Business 
Act (15 U.S.C. 656(h)(1)), as amended, is further amended by adding the 
following at the end thereof:
        ``The Administrator's evaluation of each women's business 
        center as required by this subsection shall be in part based on 
        the performance measures under subparagraphs (B) and (C). These 
        measures and the Administrator's evaluations thereof shall be 
        made publicly available.''.

SEC. 5. NATIONAL WOMEN'S BUSINESS COUNCIL.

    The Women's Business Ownership Act of 1988 is amended as follows:
            (1) In section 409(a) (15 U.S.C. 7109(a)), by adding the 
        following at the end thereof: ``Such studies shall include a 
        study on the impact of the 2008-2009 financial markets crisis 
        on women-owned businesses, and a study of the use of the Small 
        Business Administration's programs by women-owned 
        businesses.''.
            (2) In section 410(a) (15 U.S.C. 7110(a)), by striking 
        ``2001 through 2003'' and insert ``2010 and 2011''.

SEC. 6. APPLICANT EVALUATION CRITERIA.

    Section 29(f) of the Small Business Act (15 U.S.C. 656(f)) is 
amended--
            (1) in paragraph (3) by striking ``and'' at the end;
            (2) in paragraph (4) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(5) whether the applicant has the capacity to train 
        existing or potential business owners in the fields of green 
        technology, clean technology, or energy efficiency.''.

            Passed the House of Representatives November 7, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
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