385
‘‘(3) If no application has been received under 
which an award can be made pursuant to paragraph 
(2), the Administrator then shall select an applicant 
that proposes to serve a standard metropolitan sta-
tistical area that has not been served by a women’s 
business center during the past 5 years. 
‘‘(f) ADMINISTRATOR FUNDING OF GRANTEES.—The 
Administrator, except as otherwise provided by subsection 
(m), shall provide funding according to the following for-
mula: 
‘‘(1) During the first and second years of oper-
ation, two dollars in Federal funds for each dollar in 
matching funds as required by subsection (g). 
‘‘(2) During the third, fourth, and fifth years, 
one dollar in Federal funds for each dollar in match-
ing funds as required by subsection (g). 
‘‘(3) The grant agreement shall provide for the 
mechanism of disbursement of Federal funds by the 
Administrator including payment in lump sum or in-
stallments, in advance, or by way of reimbursement. 
The Administrator may disburse up to 25 percent of 
each year’s Federal share to a grantee before the 
non-Federal sector matching funds are obtained. 
‘‘(4) If a grantee fails to obtain the required 
non-Federal contribution at any time during the life
386
of the grant, such grantee shall not be eligible there-
after for advance disbursements pursuant to para-
graph (3) during the remainder of the term of the 
grant, or for any other women’s business center 
which it operates or for which it has applied to es-
tablish. 
‘‘(5) Prior to approving assistance to a grantee 
for any other projects, the Administrator shall spe-
cifically determine whether the Administrator be-
lieves that the grantee will be able to obtain the req-
uisite non-Federal funding and enter a written find-
ing setting forth the reasons for making such deter-
mination. 
‘‘(6) The authority of the Administrator to pro-
vide funding pursuant to this section shall only be 
in effect for each fiscal year and only to the extent 
and in amounts as are provided for in advance of 
appropriations Acts. 
‘‘(g) MATCHING FUNDS.—
‘‘(1) Except as provided by subsection (n), each 
grantee, shall be required to obtain matching con-
tributions according to the formula set forth in sub-
section (f). 
‘‘(2) No more than one-half of such contribu-
tions may be in the form of in-kind contributions
387
that are budget line items only, including office 
equipment and office space. 
‘‘(3) The restriction in paragraph (2) shall 
apply to all grantees under this section. 
‘‘(h) CONTRACT AUTHORITY.—A women’s business 
center may enter into a contract with a Federal depart-
ment or agency to provide specific assistance to women 
and other underserved small business concerns. Perform-
ance of such contract should not hinder the women’s busi-
ness centers in carrying out the terms of the grant re-
ceived by the women’s business centers from the Adminis-
trator. 
‘‘(i) ANNUAL PROGRAM EXAMINATION.—
‘‘(1) The Administrator shall—
‘‘(A) develop and implement an annual 
programmatic and financial examination of 
each women’s business center established pur-
suant to this section, pursuant to which each 
such center shall provide to the Adminis-
trator—
‘‘(i) an itemized cost breakdown of ac-
tual expenditures for costs incurred during 
the preceding year; and 
‘‘(ii) documentation regarding the 
amount of matching assistance from non-
388
Federal sources obtained and expended by 
the center during the preceding year in 
order to meet the requirements of sub-
section (g) and, with respect to any in-kind 
contributions described in that subsection 
that were used to satisfy the matching re-
quirements, verification of the existence 
and valuation of those contributions; and 
‘‘(iii) a review of the grantee’s success 
in fundraising plan and whether that needs 
revision to ensure that the grantee can 
sustain operations after five years; and 
‘‘(B) analyze the results of each such ex-
amination and, based on that analysis, make a 
determination regarding the programmatic and 
financial viability of each women’s business cen-
ter. 
‘‘(2) In conducting such annual examination, 
the Administrator shall limit the total number of site 
visits to a particular women’s business center to no 
more than 2 per year, unless the Administrator de-
termines that extraordinary circumstances, as de-
fined in regulations promulgated by the Adminis-
trator, requires more than 2 such visits. 
‘‘(j) RENEWAL OF FUNDING AND TERMINATION.—
389
‘‘(1) On an annual basis, commencing with the 
end of the grantee’s second year of operation of a 
women’s business center, the Administrator, based 
on the program review made pursuant to subsection 
(i), shall determine whether to continue funding the 
grantee according to the formula set forth in sub-
section (f). In determining whether to renew funding 
during any year of the life of the project operated 
by the grantee, the Administrator—
‘‘(A) shall consider the results of each an-
nual examination of the center under subsection 
(i); and 
‘‘(B) may withhold funding for the fol-
lowing year or years, if the Administrator deter-
mines that—
‘‘(i) the grantee has failed to provide 
for any women’s business center which it 
operates any information required to by 
the Administrator to perform the annual 
program examination required under sub-
section (i), or the information is deemed to 
be inadequate to conduct the annual exam-
ination under subsection (i); 
‘‘(ii) the center has failed to provide 
any information required to be provided by
390
the center for purposes of the report of the 
Administrator under subsection (l), or the 
information provided by the center is inad-
equate; or 
‘‘(iii) the Administrator determines, 
pursuant to regulations adopted by the Ad-
ministrator and codified in the Code of 
Federal Regulations, that the grantee has 
failed to deliver the services required by 
subsection (b) taking into account current 
economic conditions and the target popu-
lation served by the grantee. 
‘‘(2) The Administrator shall not require, as a 
condition of initial or continued funding, and a 
grant agreement shall not include a requirement 
that a women’s business center operated by the 
grantee serve a particular number of women with re-
spect to loans under section 7 of this Act or title V 
of the Small Business Investment Act of 1958. 
‘‘(3) The Administrator shall not fund a grant-
ee for the operation of a women’s business center 
that has been in operation for 5 years unless it ap-
plies for and receives an extension of Federal fund-
ing pursuant to subsection (m) or the grantee re-
applies as a new applicant pursuant to subsection
391
(c) and the Administrator selects the grantee pursu-
ant to subsections (d) and (e). 
‘‘(4) If the Administrator makes a determina-
tion pursuant to subparagraph (1)(B)(iii), prior to 
the withholding of any funds, the Administrator 
shall provide the grantee with a written notification 
of the reasons and shall provide the grantee with the 
opportunity for a hearing pursuant to section 554 of 
title 5, United States Code. 
‘‘(5) The Administrator shall make a final deci-
sion based on the record of the hearing and such de-
cision shall be made within 60 days of the notifica-
tion provided in paragraph (4). 
‘‘(k) MANAGEMENT REPORT.—
‘‘(1) The Administrator shall prepare and sub-
mit to the Committee on Small Business of the 
House of Representatives and the Committee on 
Small Business and Entrepreneurship of the Senate 
a report on the effectiveness of all projects, including 
those operated pursuant to extensions of Federal 
funding, conducted under this section. 
‘‘(2) Each report submitted under paragraph 
(1) shall include information concerning, with re-
spect to each women’s business center established 
pursuant to this section—
392
‘‘(A) the number of individuals receiving 
assistance; 
‘‘(B) the number of startup business con-
cerns formed; 
‘‘(C) the gross receipts of assisted con-
cerns; 
‘‘(D) the employment increases or de-
creases of assisted concerns; 
‘‘(E) to the maximum extent practicable, 
increases or decreases in profits of assisted con-
cerns; 
‘‘(F) the number of hours of counseling 
and training provided and workshops con-
ducted; and 
‘‘(G) the most recent analysis, as required 
under subsection (i)(1)(B), and the subsequent 
determination made by the Administrator under 
that subsection. 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) There is authorized to be appropriated—
‘‘(A) $ 16,000,000 for fiscal year 2004; 
and 
‘‘(B) $ 17,500,000 for fiscal year 2005. 
‘‘(2)(A) Except as provided in subparagraph 
(B), amounts made available under this subsection
393
for each fiscal year, may only be used for grant 
awards and may not be used for costs incurred by 
the Administrator in connection with the manage-
ment and administration of the program under this 
section. 
‘‘(B) Of the amount made available under this 
subsection for a fiscal year, 1.75 percent shall be 
available for costs associated with selection, moni-
toring, and oversight. 
‘‘(3)(A) Subject to subparagraph (B), 30.2 per-
cent of the funds authorized pursuant to this sub-
section shall be reserved to provide extensions of 
Federal funding to grantees that meet the standards 
set forth in subsection (m). 
‘‘(B) If the Administrator does not distribute 
all funds reserved for extensions of Federal funding 
pursuant to subsection (m), the Administrator shall 
utilize the unawarded funds to grantees according to 
the priorities set forth in paragraphs (1), (2), and 
(3) of subsection (e). 
‘‘(m) EXTENSIONS OF FEDERAL FUNDING AFTER 
FIVE YEARS.—
‘‘(1) The Administrator is authorized to extend 
Federal funding to any grantee for 5 years after the 
term of the original grant ends.
394
‘‘(2) In order to receive an extension of Federal 
funding, the grantee shall submit an application in 
the fourth year of its operation of a women’s busi-
ness center and has met all of the criteria set by the 
Administrator for continued funding in its fifth year. 
‘‘(n) SELECTION OF GRANTEES FOR EXTENSIONS OF 
FEDERAL FUNDING.—
‘‘(1) The Administrator shall review each appli-
cation submitted under paragraph (2) and select 
grantees for extensions of Federal funding who 
have—
‘‘(A) a demonstrated record of serving pre-
dominantly socially and economically disadvan-
taged women; and 
‘‘(B) are unable to meet their matching 
fund requirements due to their target popu-
lations. 
‘‘(2) If the Administrator does not receive any 
applications that meet the standards of subpara-
graph (A), the Administrator shall select grantees 
under this subsection according to the following 
preferences: 
‘‘(A) Those that meet the matching re-
quirements in subsection (f)(2).
395
‘‘(B) If there are no applicants that meet 
that standard in subparagraph (A) then based 
on criteria developed by the Administrator to 
rank applicants for extensions of Federal fund-
ing. 
‘‘(3) The Administrator shall maintain a copy 
of each application submitted under this subsection 
for not less than 10 years. 
‘‘(4) In awarding an extension of Federal fund-
ing, the Administrator may condition such award on 
the grantee obtaining a match requirement at least 
equal to 2 non-Federal dollars for each dollar of 
Federal funding except that grantees meeting the 
standards of subparagraph (1)(A) shall only be re-
quired to match each Federal dollar with a non-Fed-
eral dollar.’’. 
SEC. 217. HUBZONE PROGRAM. 
Section 31 of the Small Business Act (15 U.S.C. 
657a) is amended to read as follows: 
‘‘SEC. 31. HUBZONE PROGRAM. 
‘‘(a) IN GENERAL.—There is established within the 
Administration a program to be carried out by the Admin-
istrator to provide for Federal contracting assistance to 
qualified HUBZone small business concerns in accordance 
with this section.
396
‘‘(b) ELIGIBLE CONTRACTS.—
‘‘(1) AUTHORITY OF CONTRACTING OFFICER.—
‘‘(A) A contracting officer may award sole 
source contracts under this section to any quali-
fied HUBZone small business concern, if—
‘‘(i) the qualified HUBZone small 
business concern is determined to be a re-
sponsible contractor with respect to per-
formance of such contract opportunity, and 
the contracting officer does not have a rea-
sonable expectation that 2 or more quali-
fied HUBZone small business concerns will 
submit offers for the contracting oppor-
tunity; 
‘‘(ii) the anticipated award price of he 
contract (including options) will not ex-
ceed—
‘‘(I) $5,000,000, in the case of a 
contract opportunity assigned a stand-
ard industrial classification code for 
manufacturing; or 
‘‘(II) $3,000,000, in the case of 
all other contract opportunities; and
397
‘‘(iii) in the estimation of the con-
tracting officer, the contract award can be 
made at a fair and reasonable price. 
‘‘(B) A contract opportunity may be 
awarded pursuant to this section on the basis of 
competition restricted to qualified HUBZone 
small business concerns if the contracting offi-
cer has a reasonable expectation that not less 
than 2 qualified HUBZone small business con-
cerns will submit offers and that the award can 
be made at a fair market price. 
‘‘(2) PRICE EVALUATION PREFERENCE IN FULL 
AND OPEN COMPETITIONS.—
‘‘(A) IN GENERAL.—In any case in which 
a contract is to be awarded on the basis of full 
and open competition, the price offered by a 
qualified HUBZone small business concern 
shall be deemed as being lower than the price 
offered by another offeror (other than another 
small business concern), if the price offered by 
the qualified HUBZone small business concern 
is not more than 10 percent higher than the 
price offered by the otherwise lowest, respon-
sive, and responsible offeror.
398
‘‘(B) FULL AND OPEN COMPETITION.—For 
purposes of this paragraph, the term ‘full and 
open competition’ has the meaning given that 
term in section 4 of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 403). 
‘‘(3) RELATIONSHIP TO OTHER CONTRACTING 
PREFERENCES.—A procurement may not be made 
from a source on the basis of a preference provided 
in paragraph (1) or (2), if the procurement would 
otherwise be made from a different source under 
section 4124 or 4125 of title 18, United States 
Code, or the Javits-Wagner-O’Day Act (41 U.S.C. 
46 et seq.). 
‘‘(c) ENFORCEMENT; PENALTIES.—
‘‘(1) VERIFICATION OF ELIGIBILITY.—In car-
rying out this section, the Administrator shall estab-
lish procedures relating to—
‘‘(A) the filing, investigation, and disposi-
tion by the Administration of any challenge to 
the eligibility of a small business concern to re-
ceive assistance under this section (including a 
challenge, filed by an interested party, relating 
to the veracity of a certification made or infor-
mation provided to the Administration by a
399
small business concern under section 3(p)(5); 
and 
‘‘(B) verification by the Administrator of 
the accuracy of any certification made or infor-
mation provided to the Administration by a 
small business concern under section 3(p)(5). 
‘‘(2) EXAMINATIONS.—The procedures estab-
lished under paragraph (1) may provide for program 
examinations (including random program examina-
tions) by the Administrator of any small business 
concern making a certification or providing informa-
tion to the Administrator under section 3(p)(5). 
‘‘(3) PROVISION OF DATA.—Upon the request 
of the Administrator, the Secretary of Labor, the 
Secretary of Housing and Urban Development, and 
the Secretary of the Interior (or the Assistant Sec-
retary for Indian Affairs), shall promptly provide to 
the Administrator such information as the Adminis-
trator determines to be necessary to carry out this 
subsection. 
‘‘(4) PENALTIES.—In addition to the penalties 
described in section 16(d), any small business con-
cern that is determined by the Administrator to have 
misrepresented the status of that concern as a
400
‘HUBZone small business concern’ for purposes of 
this section, shall be subject to—
‘‘(A) section 1001 of title 18, United 
States Code; and 
‘‘(B) sections 3729 through 3733 of title 
31, United States Code. 
‘‘(d) LIST OF QUALIFIED SMALL BUSINESS CON-
CERNS.—The Administrator shall establish and maintain 
a list of qualified HUBZone small business concerns, 
which list shall, to the extent practicable—
‘‘(1) once the Administrator has made the cer-
tification required by subsection 3(p)(5)(A)(i) of this 
Act regarding a qualified HUBZone small business 
concern 
and 
has 
determined 
that 
subsection 
3(p)(5)(B)does not apply to that concern, include 
the name, address, and type of business with respect 
to each such small business concern; 
‘‘(2) be updated by the Administrator not less 
than annually; and 
‘‘(3) be provided upon request to any Federal 
agency or other entity. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out the program 
established by this section $5,000,000 for each of fiscal 
years 2004 through 2005.’’.
401
SEC. 218. OTHER REPEALS AND REORGANIZATIONS. 
(a) SEVERABILITY CLAUSE MOVED
TO END
OF 
SMALL BUSINESS ACT.—Section 36 of the Small Business 
Act is amended to read as follows: 
‘‘SEC. 36. SEVERABILITY. 
‘‘If any provision of this Act, or the application there-
of to any person or circumstances, is held invalid, the re-
mainder of this Act, and the application of such provision 
to other persons or circumstances, shall not be affected 
thereby.’’. 
(b) REPEALS.—
(1) Section 19 of the Small Business Act (15 
U.S.C. 631 note) is amended to read as follows: 
‘‘SEC. 19. [ RESERVED. ].’’. 
(2) Section 24 of the Small Business Act (15 
U.S.C. 651) is amended to read as follows: 
‘‘SEC. 24. [ RESERVED. ].’’. 
(3) Section 25 of the Small Business Act (15 
U.S.C. 652) is amended to read as follows: 
‘‘SEC. 25. [ RESERVED. ].’’. 
(4) Section 26 of the Small Business Act (15 
U.S.C. 653) is amended to read as follows: 
‘‘SEC. 26. [ RESERVED. ].’’. 
(5) Section 28 of the Small Business Act (15 
U.S.C. 655) is amended to read as follows:
402
‘‘SEC. 28. [ RESERVED. ].’’. 
SEC. 219. RULES OF CONSTRUCTION. 
(a) REFERENCES.—A reference to a provision of law 
replaced by this title, including a reference in a regulation, 
rule, order, or other law, is deemed to refer to the cor-
responding provision enacted by this Act. 
(b) CONTINUING EFFECT.—Unless otherwise pro-
vided in this Act or in an amendment made by this Act, 
any regulation, rule, or order in effect under a provision 
of law replaced by this title shall continue in effect under 
the corresponding provision enacted by this title until re-
pealed, amended, or superseded. 
(c) INFERENCES OF REPEAL.—The repeal of a provi-
sion of law by this title shall not be construed as a legisla-
tive inference that the provision was or was not in effect 
before its repeal. 
TITLE III—OTHER PROVISIONS 
SEC. 301. REPORT REGARDING NATIONAL DATABASE OF 
SMALL MANUFACTURERS. 
(a) STUDY
AND REPORT.—The Administrator, in 
consultation with the association of small business devel-
opment centers authorized by section 21(k) of the Small 
Business Act, shall—
(1) study the feasibility of creating a national 
database of small manufacturers that institutions of
403
higher education could access for purposes of meet-
ing procurement needs; and 
(2) not later than one year after the date of the 
enactment of this Act, transmit a report to the Con-
gress regarding the findings and conclusions of such 
study. 
(b) COST ESTIMATE.—The report referred to in sub-
section (a)(2) shall include an estimate of the cost of cre-
ating and maintaining the database described in sub-
section (a). 
SEC. 302. WORKFORCE TRANSFORMATION PLAN. 
(a) REORGANIZATION.—The Administrator shall, to 
the extent permitted by law, reorganize the structure of 
the Administration and reassign employees in order to—
(1) increase outreach to small business con-
cerns; 
(2) improve coordination with Federal con-
tracting officers in an effort to increase prime con-
tract awards to small business concerns; 
(3) enable small business concerns to obtain 
better access to capital; 
(4) expand assistance provided to small manu-
facturers; and
404
(5) meet goals in this section and the Small 
Business Act for procurement center representatives 
and commercial market representatives. 
(b) REQUIRED COST SAVINGS.—In carrying out sub-
section (a), the Administrator shall achieve a 1 percent 
savings in the overall cost of operating the agency. 
(c) INCREASED NUMBER OF PROCUREMENT CENTER 
REPRESENTATIVES AND COMMERCIAL MARKETING REP-
RESENTATIVES.—In carrying out subsection (a), the Ad-
ministrator shall ensure—
(1) that the following number of procurement 
center representatives are employed by the Adminis-
tration: 
(A) 75 by September 30, 2004; and 
(B) 100 by September 30, 2005; and 
(2) that the following number of commercial 
marketing representatives are employed by the Ad-
ministration: 
(A) 25 by September 30, 2004; and 
(B) 50 by September 30, 2005. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
(e) REPORT TO CONGRESS.—Not later than 1 year 
after the date of the enactment of this Act, the Adminis-
405
trator shall transmit a report to the Congress describing 
the steps taken by the Administrator to carry out this sec-
tion. Such report shall contain—
(1) a detailed analysis of how the trans-
formation has—
(A) increased contact with small business 
concerns; 
(B) expanded dollar financings to small 
business concerns; 
(C) increased the total number of prime 
and subcontracting dollars awarded to small 
business concerns, including increases in each 
contracting program established pursuant to 
sections 8 and 15 of this Act; and 
(D) increased assistance provided to small 
manufacturers; and 
(2) the Administrator’s assessment of further 
actions needed to transform the workforce to meet 
the objectives described in paragraph (1). 
SEC. 303. REPEAL OF CERTAIN PROVISIONS OF THE DIS-
ASTER RELIEF ACT OF 1970. 
(a) IN GENERAL.—Section 237 of the Disaster Relief 
Act of 1970 (15 U.S.C. 636d) is hereby repealed.
406
(b) NO AFFECT ON OUTSTANDING LOANS.—The re-
peal made by this section shall not affect any loan made 
before the date of the enactment of this Act. 
SEC. 
304. 
REGULATIONS 
ON 
SIZE 
STANDARDS 
OF 
FRANCHISEES. 
(a) PROMULGATION.—Not later than 180 days after 
the date of the enactment of this Act, the Administrator 
shall repeal section 121.103(g) of title 13, Code of Federal 
Regulations (as in effect on the date of the enactment of 
this Act) and promulgate a new regulation, after the op-
portunity for notice and comment, taking into account 
whether the franchisee or licensee—
(1) retains the majority of its profits but not 
less than 51 percent; 
(2) bears the burdens of its losses; 
(3) shares no common ownership or manage-
ment personnel with the franchisor or licensor; 
(4) maintains daily control of its operations in-
cluding determining who its customers will be; 
(5) is subject to excessive restrictions on the 
sale of its business given the interest of the 
franchisor or licensor in protecting the goodwill of 
its trademarks, tradenames, or service marks. 
(b) FAILURE TO PROMULGATE NEW STANDARD.—If 
the Administrator fails to comply with subsection (a), any
407
franchisee or licensee shall be treated as small for pur-
poses of the Small Business Act until the Administrator 
has issued a final regulation as required under subsection 
(a). 
SEC. 305. TEMPORARY SMALL BUSINESS DEVELOPMENT 
CENTER ASSISTANCE TO INDIAN TRIBE MEM-
BERS, NATIVE ALASKANS, AND NATIVE HA-
WAIIANS. 
(a) IN GENERAL.—The Administrator of the Small 
Business Administration may award a grant under this 
section to any grantee under section 21 of the Small Busi-
ness Act. A grant under this section shall be used solely 
to provide services described in section 21(f)(4) of the 
Small Business Act to assist with outreach, development, 
and enhancement on Indian lands of small business 
startups and expansions owned by Indian tribe members, 
Native Alaskans, and Native Hawaiians. 
(b) LIMITATION.—A grant shall not be made to a 
grantee under this section unless the area served by such 
grantee has a combined population of Indian tribe mem-
bers, Natives Alaskans, and Native Hawaiians that com-
prises at least 1 percent of the area’s total population, 
as shown by the latest available census. 
(c) GRANT APPLICATIONS.—An applicant for a grant 
under this section shall submit to the Administrator of the
408
Small Business Administration an application that is in 
such form as the Administrator may require. The applica-
tion shall include information regarding the applicant’s 
goals and objectives for the services to be provided using 
the grant, including—
(1) the capability of the applicant to provide 
training and services to Indian tribe members, Na-
tive Alaskans, and Native Hawaiians; 
(2) the locations of the Small Business Develop-
ment Centers that would provide the assistance de-
scribed in subsection (a); 
(3) the required amount of grant funding need-
ed by the applicant to implement the program; and 
(4) the extent to which the applicant has con-
sulted with local tribal councils. 
(d) APPLICABILITY OF GRANT REQUIREMENTS.—An 
applicant for a grant under this section shall comply with 
all of the requirements applicable to a grantee under sec-
tion 21 of the Small Business Act, except that the match-
ing funds requirements of subsection (i) of such section 
shall not apply. 
(e) MAXIMUM AMOUNT OF GRANTS.—A grantee shall 
not receive more than $300,000 in grants under this sec-
tion in a fiscal year.
409
(f) ADVICE OF LOCAL TRIBAL COUNSELS.—A grant-
ee under this section shall request the advice of local tribal 
councils regarding how best to provide assistance to In-
dian tribe members, Native Alaskans, and Native Hawai-
ians and where to locate centers to provide such assist-
ance. 
(g) REGULATIONS.—After providing notice and an 
opportunity for comment and after consulting with the as-
sociation recognized by the Administrator of the Small 
Business Administration under section 21(k) of the Small 
Business Act (but not later than 180 days after the date 
of enactment of this Act), the Administrator shall issue 
final regulations to carry out this section, including regu-
lations that establish—
(1) standards relating to educational, technical, 
and support services to be provided by grantees 
under this section; and 
(2) standards relating to any work plan that 
the Administrator may require a grantee under this 
section to develop. 
(h) DEFINITIONS.—For purposes of this section: 
(1) INDIAN LANDS.—The term ‘‘Indian lands’’ 
has the meaning given the term ‘‘Indian country’’ in 
section 1151 of title 18, United States Code, the 
meaning given the term ‘‘Indian reservation’’ in sec-
410
tion 151.2 of title 25, Code of Federal Regulations 
(as in effect on the date of enactment of this para-
graph), and the meaning given the term ‘‘reserva-
tion’’ in section 4 of the Indian Child Welfare Act 
of 1978 (25 U.S.C. 1903). 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given such term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act. 
(3) INDIAN TRIBE MEMBER.—The term ‘‘Indian 
tribe member’’ means a member of an Indian tribe 
(other than a Native Alaskan). 
(4) NATIVE ALASKAN.—The term ‘‘Native Alas-
kan’’ has the meaning given the term ‘‘Native’’ in 
section 3(b) of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1602(b)). 
(5) NATIVE HAWAIIAN.—The term ‘‘Native Ha-
waiian’’ means any individual who is a descendant of 
the aboriginal people who, prior to 1778, occupied 
and exercised sovereignty in the area that now con-
stitutes the State of Hawaii. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$7,000,000 for each of fiscal years 2004 through 2006.
411
(j) NONAPPLICABILITY OF CERTAIN LIMITATIONS.—
Funding under this section shall not be taken into account 
under subsections (h), (i), and (j) of section 21 of the 
Small Business Act. 
(k) LIMITATION ON USE OF FUNDS.—The Adminis-
trator may carry out this section only with amounts appro-
priated specifically to carry out this section. 
SEC. 306. TEMPORARY SMALL BUSINESS DEVELOPMENT 
CENTER ASSISTANCE FOR VOCATIONAL AND 
TECHNICAL ENTREPRENEURSHIP DEVELOP-
MENT. 
(a) IN GENERAL.—The Administrator of the Small 
Business Administration (hereafter in this section referred 
to as the Administrator) may award a grant under this 
section to any grantee under section 21 of the Small Busi-
ness Act. A grant under this section shall be used solely 
to provide, on a statewide basis, technical assistance to 
secondary schools, or to postsecondary vocational or tech-
nical schools, for the development and implementation of 
curricula designed to promote vocational and technical en-
trepreneurship. 
(b) MINIMUM GRANT.—The Administrator shall not 
make a grant under this section in an amount less than 
$200,000.
412
(c) APPLICATION.—Each applicant for a grant under 
this section shall submit to the Administrator an applica-
tion in such form as the Administrator may require. The 
application shall include information regarding the appli-
cant’s goals and objectives for the educational programs 
to be assisted. 
(d) REPORT
TO ADMINISTRATOR.—The Adminis-
trator shall make a condition of each grant under the pro-
gram that not later than 18 months after the receipt of 
the grant the grantee shall transmit to the Administrator 
a report describing how the grant funds were used. 
(e) COOPERATIVE AGREEMENTS AND CONTRACTS.—
The Administrator may enter into a cooperative agree-
ment or contract with any grantee under this section to 
provide additional assistance that furthers the purposes 
of this section. 
(f) APPLICABILITY OF GRANT REQUIREMENTS.—An 
applicant for a grant under this section shall comply with 
all of the requirements applicable to a grantee under sec-
tion 21 of the Small Business Act, except that the match-
ing funds requirements of subsection (i) of such section 
shall not apply. 
(g) EVALUATION
OF PROGRAM.—Not later than 
March 31, 2006, the Administrator shall transmit to the
413
Congress a report containing an evaluation of the grant 
program carried out under this section. 
(h) CLEARINGHOUSE.—The association recognized by 
the Administrator under section 21(k) of the Small Busi-
ness Act shall act as a clearinghouse of information and 
expertise regarding vocational and technical entrepreneur-
ship education programs. In each fiscal year in which 
grants are made under the program, the Administrator 
shall provide additional assistance to such association to 
carry out the functions described in this subsection. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$7,000,000 for each of fiscal years 2004, 2005, and 2006. 
(j) NONAPPLICABILITY OF CERTAIN LIMITATIONS.—
Funding under this section shall not be taken into account 
under subsections (h), (i), and (j) of section 21 of the 
Small Business Act. 
(k) LIMITATION ON USE OF FUNDS.—The Adminis-
trator may carry out this section only with amounts appro-
priated specifically to carry out this section. 
SEC. 307. VERY SMALL BUSINESS CONCERN CONTRACT 
DATA COLLECTION. 
The Administrator of the Small Business Administra-
tion and the Administrator of General Services, acting 
jointly, shall create, within the data collection capabilities
414
of the Federal Procurement Data System, a data element 
that identifies contract awards to very small business con-
cerns, under section 15(t) of the Small Business Act. In 
carrying out the preceding sentence, the Administrators 
shall ensure that the data element is in use by all Federal 
entities with respect to such awards not later than 90 days 
after the date of the enactment of this section. 
SEC. 308. VERY SMALL BUSINESS CONCERN PILOT PRO-
GRAM FOR COMPETITION AWARD TO HOME-
BASED BUSINESS. 
(a) IN GENERAL.—The Administrator of the Small 
Business Administration shall establish a pilot program 
that ensures that at least one award to a very small busi-
ness concern resulting from competition under section 
15(t)(2)(C) of the Small Business Act is made to a home-
based business. 
(b) DEFINITION.—As used in this section, the term 
‘‘home-based business’’ means a small business, the head-
quarters, main office, and records of which are located at 
the primary residence of the majority owner. 
(c) TERM OF PILOT PROGRAM.—The pilot program 
shall begin not later than 90 days after the date of the 
enactment of this section and shall end on September 30, 
2007.
415
SEC. 309. SOCIALLY AND ECONOMICALLY DISADVANTAGED 
BUSINESS. 
Section 7102(c) of the Federal Acquisition Stream-
lining Act of 1994 (Public Law 103–355; 15 U.S.C. 644 
note) is amended by striking ‘‘September 30, 2003’’ and 
inserting ‘‘September 30, 2005’’. 
SEC. 310. STUDY AND REPORT ON EFFECTIVENESS OF AG-
GREGATE LIMITATIONS ON AMOUNT OF AS-
SISTANCE TO ANY SINGLE ENTERPRISE. 
(a) STUDY.—The Administrator shall conduct a 
study of whether the aggregate amount limitation under 
section 306(a) of the Small Business Investment Act of 
1958 (15 U.S.C. 686(a)) is an impediment to investment 
in small manufacturers. In conducting the study, the Ad-
ministrator shall consult licensees and small manufactur-
ers. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this section, the Administrator shall 
report the results of the study to the Committee on Small 
Business of the House of Representatives and the Com-
mittee on Small Business and Entrepreneurship of the 
Senate.
416
SEC. 311. STUDY AND REPORT ON COORDINATION OF NEW 
MARKETS 
VENTURE 
CAPITAL 
PROGRAM 
WITH NEW MARKETS TAX CREDIT PROGRAM. 
(a) IN GENERAL.—The Administrator of the Small 
Business Administration shall conduct a study to identify 
an approach to better coordinate the administration of the 
New Markets Venture Capital Program under part B of 
title III of the Small Business Investment Act of 1958 
(15 U.S.C. 689 et seq.) with the New Markets Tax Credit 
under section 45D of the Internal Revenue Code of 1986. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Administrator shall re-
port the results of the study to the Committee on Small 
Business of the House of Representatives and the Com-
mittee on Small Business and Entrepreneurship of the 
Senate. 
SEC. 312. STUDY AND REPORT ON PREMIER CERTIFIED 
LENDERS PROGRAM. 
(a) IN GENERAL.—The Administrator of the Small 
Business Administration shall enter into a contract with 
a Federal agency experienced in community development 
lending and financial regulation or with a member of the 
Federal Financial Institutions Examinations Council to 
conduct a study and prepare a report regarding—
(1) the extent to which statutory requirements 
have caused overcapitalization in the loss reserves
417
maintained by certified development companies par-
ticipating in the Premier Certified Lenders Program 
under section 508 of the Small Business Investment 
Act of 1958 (15 U.S.C. 697e); and 
(2) alternatives for establishing and maintain-
ing loss reserves that are sufficient to protect the 
Government from the risk of loss associated with 
loans guaranteed under that Program. 
(b) TRANSMISSION OF REPORT.—Not later than 180 
days after the enactment of this section, the Administrator 
shall transmit the report to the Committee on Small Busi-
ness of the House of Representatives and the Committee 
on Small Business and Entrepreneurship of the Senate. 
(c) LIMITATION.—The amount of the contract under 
subsection (a) shall not exceed $75,000.
Æ