[House Report 116-239]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-239
======================================================================
WOMEN'S BUSINESS CENTERS IMPROVEMENTS ACT OF 2019
_______
October 17, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Ms. Velazquez, from the Committee on Small Business, submitted the
following
R E P O R T
[To accompany H.R. 4405]
The Committee on Small Business, to whom was referred the
bill (H.R. 4405) to amend the Small Business Act to improve the
women's business center program, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
I. Purpose and Bill Summary........................................1
II. Background and Need for Legislation.............................2
III. Hearings........................................................2
IV. Committee Consideration.........................................3
V. Committee Votes.................................................3
VI. Section-by-Section Analysis for H.R. 4405.......................5
VII. Congressional Budget Office Cost Estimate.......................7
VIII. Unfunded Mandates...............................................7
IX. New Budget Authority, Entitlement Authority, and Tax Expenditure7
X. Oversight Findings..............................................7
XI. Statement of Constitutional Authority...........................7
XII. Congressional Accountability Act................................7
XIII. Federal Advisory Committee Act Statement........................8
XIV. Statement of No Earmarks........................................8
XV. Statement of Duplication of Federal Programs....................8
XVI. Disclosure of Directed Rule Makings.............................8
XVII. Performance Goals and Objectives................................8
XVIII.Changes in Existing Law, Made by the Bill, As Reported..........8
I. Purpose and Bill Summary
The purpose of H.R. 4405, the ``Women's Business Centers
Improvements Act,'' is to strengthen the Women Business Centers
program to ensure that women entrepreneurs across the country
have access to the vital counseling and technical training
services to take them from startup to success.
II. Background and Need for Legislation
H.R. 4405 was introduced by Representative Sharice Davids
(D-KS) and Representative Jim Hagedorn (R-MN) on September 19,
2019. The bill amends section 29 of the Small Business Act to
make numerous improvements to the Women's Business Center
program.
Women's Business Centers (WBCs) are a critical component of
SBA's entrepreneurial ecosystem. WBCs were created to assist
small businesses primarily owned by women, many of whom are
socially and economically disadvantaged. The WBC program funds
more than 100 centers nationwide. In FY2018, the WBC program
trained and advised more than 150,000 clients and created
nearly 12,000 small businesses. Women are the fastest growing
sector of entrepreneurs, and as more women establish home-based
businesses or downsize from corporate executive positions,
these centers are crucial in addressing their entrepreneurial
needs. The Women's Business Centers Improvements Act
strengthens the WBC program to ensure that women entrepreneurs
across the country have access to the vital counseling and
technical training services to take them from startup to
success.
The WBC program has grown tremendously since its creation
in 1988, but resource allocation has not kept up. Additionally,
the cap on grants to individuals WBCs has not moved since the
program's inception and remains at $150,000. Adjusted for
inflation, this is equivalent to approximately $325,000. In
order to reach more women entrepreneurs, the WBC program needs
more resources. H.R. 4405 would not only increase the
resources, but also require annual performance reports and an
established accreditation program modeled after that of the
Association of Small Business Development Centers to ensure
program consistency.
III. Hearings
In the 116th Congress, the Committee on Small Business held
a hearing on February 27, 2019 titled ``Supporting America's
Startups: Review of SBA Entrepreneurial Development
Programs.''\1\ The witnesses for the hearing were stakeholders
representing each of the SBA's primary entrepreneurial
development resource partners: Mr. Charles Rowe for America's
Small Business Development Centers; Ms. Corinne Hodges for the
Association of Women's Business Centers; Mr. Ken Yancey for the
SCORE Association; and Ms. Cherlynn Sagester representing a
Veterans Business Outreach Center.
---------------------------------------------------------------------------
\1\Supporting America's Startups: Review of SBA Entrepreneurial
Development Programs, Hearing Before the H. Comm. On Small Bus., 116th
Cong. (2019).
---------------------------------------------------------------------------
As part of this hearing, each of the entrepreneurial
development programs was explored to analyze their success in
assisting small business owners start and grow their
businesses. The hearing also highlighted SBA's oversight of the
programs and witnesses discussed the areas wherein the programs
could be modernized and strengthened. The AWBC testified on the
need to remove unnecessary requirements that force resources to
be diverted from training and counseling and increased funding
to allow for established WBCs to expand their outreach to more
small firms and entrepreneurs. H.R. 4405 not only provides
increased funding levels, it also compels the agency to create
strong metrics to measure the success of the program.
IV. Committee Consideration
The Committee on Small Business met in open session, with a
quorum being present, on September 25, 2019, and ordered H.R.
4405 favorably reported to the House of Representatives. During
the markup, no amendments were offered.
V. Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto. The Committee voted by voice vote to favorably report
H.R. 4405 to the House at 11:52 A.M.
VI. Section-by-Section of H.R. 4405
Section 1. Short title.
This section designates the bill as the ``Women's Business
Centers Improvement Act of 2019.''
Section 2. Amendments to Women's Business Center program.
This section amends section 29 of the Small Business Act,
making several improvements to the Women's Business Center
(WBC) program.
Subsection (a) provides definitions for assistant
administrator, eligible entity, small business concern owned
and controlled by women, Women's Business Center, and Women's
Business Center Association.
Subsection (b) gives the Administrator of the Small
Business Administration (SBA) the authority to provide grants
to WBCs for counseling and training services, increases the
maximum grant amount to $300,000 per year, and indexes for
inflation. The term of the initial and continuation grants will
be five years.
Subsection (c) sets forth grant application requirements.
To receive a grant an entity must: designate an executive
director or program manager; demonstrate experience and
effectiveness in providing counseling and training; and develop
a 5-year plan demonstrating the ability of the WBC to serve
women who are business owners or potential business owners.
Subsection (d) adds requisites to the SBA's review and
approval of applications, which will now consider experience,
time needed to commence operations, sustainability after 5
years, location, population density, and the capacity to meet
accreditation standards. Further, this subsection requires the
SBA to establish regulations ensuring that eligible entities
understand requirements.
Subsection (e) sets forth grant requirements, which
include: the amount and form of matching funds, the
solicitation and disbursements of funds, the failure to obtain
matching funds, the waivers for the non-federal share, excess
non-federal dollars, and the carryover of funds. For initial
grants, WBCs must provide one dollar in matching funds for
every two dollars received from SBA for the first two years of
the grant. For the remainder of the initial grant and the
entirety of the continuation grants, WBCs must provide one
dollar for every Federal dollar. At least 50 percent of the
matching funds must be in cash. This subsection allows the
Administrator to waive, in whole or in part, the requirement to
obtain non-Federal funds for counseling and training
activities. This requirement may not be waived for more than
two consecutive fiscal years. This section also requires the
Administrator to consider the following when determining
whether to waive the requirement to obtain non-Federal funds:
the economic conditions affecting the recipient; the
demonstrated ability of the recipient to raise non-Federal
funds; and the performance of the recipient. Further, it
prohibits the Administrator from waiving the requirement if
doing so would undermine program credibility. Additionally,
this subsection exempts the non-Federal dollars obtained by the
WBC grant recipient that is above the amount required to be
obtained, and which is not used as matching funds for purposes
of implementing the program, from part 200 of title 2, Code of
Federal Regulations, or any successor. This subsection also
allows WBCs to carryover excess non-Federal dollars for an
additional term in order to meet the Federal match. These funds
would be subject to the requirements of part 200 of title 2,
Code of Federal Regulations.
Subsection (f) prohibits eligible entities from commingling
grant funds, requires site visits before receiving initial
grants and annual reviews by SBA to ensure compliance with the
grant agreements. Further, this subsection requires the SBA to
establish a remediation plan to ensure that if a problem is
found with a grant recipient, the WBC has an opportunity to
take corrective action. Only after this remediation process may
the SBA terminate the grant. This subsection also requires the
Administrator to consult with the Women's Business Center
Association in the development of documents with respect to the
scope of the activities, requesting proposals to deliver
assistance, and governing the general operations and
administration of WBCs.
Subsection (g) requires the Administration to conduct
programmatic and financial exams of the entities annually, and
to consider the results in determining whether to continue
awards.
Subsection (h) requires a notice and comment period prior
to making changes to the standards governing grant obtainment
and maintenance, accreditation standards, or any other
operational requirement.
Subsection (i) sets forth requirements for contract
authority.
Subsection (j) prescribes privacy requirements that
prohibit WBCs from disclosing personal information without
client permission.
Subsection (k) clarifies the responsibilities and duties of
the Assistant Administrator who oversees the Office of Women's
Business Ownership (OWBO). Specifically, this section directs
the OWBO to work with Administration officials and other
relevant entities to ensure that the WBC program coordinates
effectively with other programs. This section also requires the
SBA Administrator to establish an accreditation program for the
WBC program and provide a contract or financial assistance to
an association which represents a majority of WBCs.
Additionally, this section provides transition time so that a
current WBC grantee who does not engage in criminal activity or
fraud has time to become accredited and come into compliance.
This section also requires each WBC to participate in an annual
conference facilitated by a Women's Business Center
Association.
Subsection (l) requires the SBA to provide: public
announcements of grant availability, the opportunity for anyone
denied a grant to review the reason(s) for denial, and for any
eligible entity who receives a site visit or evaluation to
receive a copy of that report within 30 days.
Subsection (m) requires the SBA to submit an annual report
to the Senate and House Committees on Small Business on the
effectiveness of the WBCs. The report should include
information on each WBC, the most recent analysis of the
programmatic and financial examinations, and any determinations
made by the Administrator.
Subsection (n) provides for an authorization of annual
appropriations of $31.5 million for FY20-FY23. Of the $31.5
million, $500,000 will be made available to cover accreditation
requirements and conference costs.
Section 3. Effect on existing grants.
This section amends Section 29(m) to ensure that existing
WBCs have adequate time to meet the new requirements provided
within this bill.
Section 4. Regulations.
This section requires the Administrator, within 270 days,
to promulgate rules as necessary to carry out section 29 of the
Small Business Act as amended by this bill.
VII. Congressional Budget Office Cost Estimate
At the time H.R. 4405 was reported to the House, the
Congressional Budget Office had not provided a cost-estimate.
VIII. Unfunded Mandates
H.R. 4405 contains no intergovernmental or private sector
mandates as defined in the Unfunded Mandates Reform Act, Public
Law No. 104-4, and would impose no costs on state, local, or
tribal governments.
IX. New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House, the Committee provides the following opinion and
estimate with respect to new budget authority, entitlement
authority, and tax expenditures. While the Committee has not
received an estimate of new budget authority contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to 402 of the Congressional Budget Act
of 1974, the Committee does not believe that there will be any
additional costs attributable to this legislation because all
authorizations would be subject to future appropriation action.
X. Oversight Findings
In accordance with clause 2(b)(1) of rule X of the Rules of
the House, the oversight findings and recommendations of the
Committee on Small Business with respect to the subject matter
contained in H.R. 4405 are incorporated into the descriptive
portions of this report.
XI. Statement of Constitutional Authority
Pursuant to clause 7 of rule XII of the Rules of the House
of Representatives, the Committee finds the authority for this
legislation in Art. I, Sec. 8 of the Constitution of the United
States.
XII. Congressional Accountability Act
H.R. 4405 does not relate to the terms and conditions of
employment or access to public services or accommodations
within the meaning of 102(b)(3) of Public Law No. 104-1.
XIII. Federal Advisory Committee Act Statement
H.R. 4405 does not establish or authorize the establishment
of any new advisory committees as that term is defined in the
Federal Advisory Committee Act, 5 U.S.C. App. 2.
XIV. Statement of No Earmarks
Pursuant to clause 9 of rule XXI, H.R. 4405 does not
contain any congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in subsections (d), (e), or
(f) of clause 9 of rule XXI of the Rules of the House.
XV. Statement of Duplication of Federal Programs
Pursuant to clause 3 of rule XIII of the Rules of the
House, no provision of H.R. 4405 establishes or reauthorizes a
program of the federal government known to be duplicative of
another federal program, a program that was included in any
report from the United States Government Accountability Office
pursuant to Sec. 21 of Pub. L. No. 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
XVI. Disclosure of Directed Rulemakings
Pursuant to clause 3 of rule XIII of the Rules of the
House, H.R. 4405 does not direct any rulemaking.
XVII. Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XII of the Rules of the
House, the Committee establishes the following performance-
related goals and objectives for this legislation:
H.R. 4405 strengthens the Women's Business Center program
by authorizing funding for the program for four years at $31.5
million for each fiscal year, requires an annual report to
measure the effectiveness of the program, establishes an
accreditation program to increase accountability, and updates
and streamlines program requirements.
XVIII. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause (E) of rule XIII of the Rules of
the House, changes in existing law made by the bill, as
reported, as shown as follows: existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, and existing law in which no change is proposed is
shown in roman:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
SMALL BUSINESS ACT
* * * * * * *
[SEC. 29. WOMEN'S BUSINESS CENTER PROGRAM.
[(a) Definitions.--In this section--
[(1) the term ``Assistant Administrator'' means the
Assistant Administrator of the Office of Women's
Business Ownership established under subsection (g);
[(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;
[(3) the term ``small business concern owned and
controlled by women'', either startup or existing,
includes any small business concern--
[(A) that is not less than 51 percent owned
by 1 or more women; and
[(B) the management and daily business
operations of which are controlled by 1 or more
women; and
[(4) the term ``women's business center site'' means
the location of--
[(A) a women's business center; or
[(B) 1 or more women's business centers,
established in conjunction with another women's
business center in another location within a
State or region--
[(i) that reach a distinct population
that would otherwise not be served;
[(ii) whose services are targeted to
women; and
[(iii) whose scope, function, and
activities are similar to those of the
primary women's business center or
centers in conjunction with which it
was established.
[(b) Authority.--The Administration may provide financial
assistance to private nonprofit organizations to conduct 5-year
projects for the benefit of small business concerns owned and
controlled by women. The projects shall provide--
[(1) 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;
[(2) 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
[(3) 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.
[(c) Conditions of Participation.--
[(1) Non-federal contributions.--As a condition of
receiving financial assistance authorized by this
section, the recipient organization 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:
[(A) in the first and second years, 1 non-
Federal dollar for each 2 Federal dollars; and
[(B) in the third, fourth, and fifth years, 1
non-Federal dollar for each Federal dollar.
[(2) Form of non-federal contributions.--Not more
than one-half 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.
[(3) 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 recipient organization after notice
of the award has been issued and before the non-Federal
sector matching funds are obtained.
[(4) Failure to obtain non-federal funding.--If any
recipient of assistance fails to obtain the required
non-Federal contribution during any project, it shall
not be eligible thereafter for advance disbursements
pursuant to paragraph (3) during the remainder of that
project, or for any other project for which it is or
may be funded by the Administration, and prior to
approving assistance to such organization for any other
projects, the Administration shall specifically
determine whether the Administration believes that the
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) Contract Authority.--A women's business center may enter
into a contract with a Federal department or agency to provide
specific assistance to women and other underserved small
business concerns. Performance of such contract should not
hinder the women's business centers in carrying out the terms
of the grant received by the women's business centers from the
Administration.
[(e) Submission of 5-Year Plan.--Each applicant organization
initially shall submit a 5-year plan to the Administration on
proposed fundraising and training activities, and a recipient
organization may receive financial assistance under this
program for a maximum of 5 years per women's business center
site.
[(f) Criteria.--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. The criteria shall include--
[(1) 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;
[(2) the present ability of the applicant to commence
a project within a minimum amount of time;
[(3) the ability of the applicant to provide training
and services to a representative number of women who
are both socially and economically disadvantaged; and
[(4) the location for the women's business center
site proposed by the applicant.
[(g) Office of Women's Business Ownership.--
[(1) Establishment.--There is established within the
Administration an Office of Women's Business Ownership,
which shall be responsible for the administration of
the Administration's programs for the development of
women's business enterprises (as defined in section 408
of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note)). The Office of Women's Business
Ownership shall be administered by an Assistant
Administrator, who shall be appointed by the
Administrator.
[(2) Assistant administrator of the office of women's
business ownership.--
[(A) Qualification.--The position of
Assistant Administrator shall be a Senior
Executive Service position under section
3132(a)(2) of title 5, United States Code. The
Assistant Administrator shall serve as a
noncareer appointee (as defined in section
3132(a)(7) of that title).
[(B) Responsibilities and duties.--
[(i) Responsibilities.--The
responsibilities of the Assistant
Administrator shall be to administer
the programs and services of the Office
of Women's Business Ownership
established to assist women
entrepreneurs in the areas of--
[(I) starting and operating a
small business;
[(II) development of
management and technical
skills;
[(III) seeking Federal
procurement opportunities; and
[(IV) increasing the
opportunity for access to
capital.
[(ii) Duties.--The Assistant
Administrator shall--
[(I) administer and manage
the Women's Business Center
program;
[(II) recommend the annual
administrative and program
budgets for the Office of
Women's Business Ownership
(including the budget for the
Women's Business Center
program);
[(III) establish appropriate
funding levels therefore;
[(IV) review the annual
budgets submitted by each
applicant for the Women's
Business Center program;
[(V) select applicants to
participate in the program
under this section;
[(VI) implement this section;
[(VII) maintain a
clearinghouse to provide for
the dissemination and exchange
of information between women's
business centers;
[(VIII) serve as the vice
chairperson of the Interagency
Committee on Women's Business
Enterprise;
[(IX) serve as liaison for
the National Women's Business
Council; and
[(X) advise the Administrator
on appointments to the Women's
Business Council.
[(C) Consultation requirements.--In carrying
out the responsibilities and duties described
in this paragraph, the Assistant Administrator
shall confer with and seek the advice of the
Administration officials in areas served by the
women's business centers.
[(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.
[(i) Contract Authority.--The authority of the Administrator
to enter into contracts shall be in effect for each fiscal year
only to the extent and in the amounts as are provided in
advance in appropriations Acts. After the Administrator has
entered into a contract, either as a grant or a cooperative
agreement, with any applicant under this section, it shall not
suspend, terminate, or fail to renew or extend any such
contract unless the Administrator provides the applicant with
written notification setting forth the reasons therefore and
affords the applicant an opportunity for a hearing, appeal, or
other administrative proceeding under chapter 5 of title 5,
United States Code.
[(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.
[(k) Authorization of Appropriations.--
[(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) Use of amounts.--
[(A) In general.--Except as provided in
subparagraph (B), amounts made available under
this subsection for fiscal year 1999, and each
fiscal year thereafter, 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.
[(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.
[(3) Expedited acquisition.--Notwithstanding any
other provision of law, the Administrator, acting
through the Assistant Administrator, may use such
expedited acquisition methods as the Administrator
determines to be appropriate to carry out this section,
except that the Administrator shall ensure that all
small business sources are provided a reasonable
opportunity to submit proposals.
[(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).
[(l) Repealed effective October 1, 2007 by 8305(b) of Public
Law 110-28.]
[(m) Continued Funding for Centers.--
[(1) In general.--A nonprofit organization described
in paragraph (2) shall be eligible to receive, subject
to paragraph (3), a 3-year grant under this subsection.
[(2) Applicability.--A nonprofit organization
described in this paragraph is a nonprofit organization
that has received funding under subsection (b) or (l).
[(3) Application and approval criteria.--
[(A) Criteria.--Subject to subparagraph (B),
the Administrator shall develop and publish
criteria for the consideration and approval of
applications by nonprofit organizations under
this subsection.
[(B) Contents.--Except as otherwise provided
in this subsection, the conditions for
participation in the grant program under this
subsection shall be the same as the conditions
for participation in the program under
subsection (l), as in effect on the date of
enactment of this Act.
[(C) Notification.--Not later than 60 days
after the date of the deadline to submit
applications for each fiscal year, the
Administrator shall approve or deny any
application under this subsection and notify
the applicant for each such application.
[(4) Award of grants.--
[(A) In general.--Subject to the availability
of appropriations, the Administrator shall make
a grant for the Federal share of the cost of
activities described in the application to each
applicant approved under this subsection.
[(B) Amount.--A grant under this subsection
shall be for not more than $150,000, for each
year of that grant.
[(C) Federal share.--The Federal share under
this subsection shall be not more than 50
percent.
[(D) Priority.--In allocating funds made
available for grants under this section, the
Administrator shall give applications under
this subsection or subsection (l) priority over
first-time applications under subsection (b).
[(5) Renewal.--
[(A) In general.--The Administrator may renew
a grant under this subsection for additional 3-
year periods, if the nonprofit organization
submits an application for such renewal at such
time, in such manner, and accompanied by such
information as the Administrator may establish.
[(B) Unlimited renewals.--There shall be no
limitation on the number of times a grant may
be renewed under subparagraph (A).
[(n) Privacy Requirements.--
[(1) In general.--A women's business center may not
disclose the name, address, or telephone number of any
individual or small business concern receiving
assistance under this section without the consent of
such individual or small business concern, unless--
[(A) the Administrator is ordered to make
such a disclosure by a court in any civil or
criminal enforcement action initiated by a
Federal or State agency; or
[(B) the Administrator considers such a
disclosure to be necessary for the purpose of
conducting a financial audit of a women's
business center, but a disclosure under this
subparagraph shall be limited to the
information necessary for such audit.
[(2) Administration use of information.--This
subsection shall not--
[(A) restrict Administration access to
program activity data; or
[(B) prevent the Administration from using
client information (other than the information
described in subparagraph (A)) to conduct
client surveys.
[(3) Regulations.--The Administrator shall issue
regulations to establish standards for requiring
disclosures during a financial audit under paragraph
(1)(B).
[(o) Study and Report on Representation of Women.--
[(1) Study.--The Administrator shall periodically
conduct a study to identify industries, as defined
under the North American Industry Classification
System, underrepresented by small business concerns
owned and controlled by women.
[(2) Report.--Not later than 3 years after the date
of enactment of this subsection, and every 5 years
thereafter, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House
of Representatives a report on the results of each
study under paragraph (1) conducted during the 5-year
period ending on the date of the report.]
SEC. 29. WOMEN'S BUSINESS CENTER PROGRAM.
(a) Definitions.--In this section:
(1) Assistant administrator.--The term ``Assistant
Administrator'' means the Assistant Administrator of
the Office of Women's Business Ownership established
under subsection (k).
(2) Eligible entity.--The term ``eligible entity''
means--
(A) an organization described in section
501(c) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of
such Code;
(B) a State, regional, or local economic
development organization, so long as the
organization certifies that grant funds
received under this section will not be
commingled with other funds;
(C) an institution of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)), unless such
institution is currently receiving a grant
under section 21;
(D) a development, credit, or finance
corporation chartered by a State, so long as
the corporation certifies that grant funds
received under this section will not be
commingled with other funds; or
(E) any combination of entities listed in
subparagraphs (A) through (D).
(3) Small business concern owned and controlled by
women.--The term ``small business concern owned and
controlled by women'' has the meaning given under
section 3(n).
(4) Women's business center.--The term ``women's
business center'' means the location at which
counseling and training on the management, operations
(including manufacturing, services, and retail), access
to capital, international trade, Government procurement
opportunities, and any other matter that is needed to
start, maintain, or expand a small business concern
owned and controlled by women.
(5) Women's business center association.--The term
``Women's Business Center Association'' means a
membership organization formed by women's business
centers to pursue matters of common concern.
(b) Authority.--
(1) Establishment.--There is established a Women's
Business Center Program under which the Administrator
may provide a grant to any eligible entity to operate
one or more women's business centers for the benefit of
small business concerns owned and controlled by women.
(2) Use of funds.--The women's business centers shall
be designed to provide counseling and training that
meets the needs of the small business concerns owned
and controlled by women, especially socially or
economically disadvantaged women, and 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 small 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.
(3) Types of grants.--
(A) Initial grant.--The amount of an initial
grant, which shall be for a 5-year term,
provided under this subsection to an eligible
entity shall be not more than $300,000 annually
(as such amount is annually adjusted by the
Administrator to reflect the change in
inflation).
(B) Continuation grants.--The Administrator
may award a continuation grant, which shall be
for a 5-year term, of not more than $300,000
annually (as such amount is annually adjusted
by the Administrator to reflect the change in
inflation) to an eligible entity that received
an initial grant under subparagraph (A). There
shall be no limitation on the number of
continuation grants an eligible entity may
receive under this section.
(c) Application.--
(1) Initial grants and continuation grants.--To
receive an initial grant or continuation grant under
this section, an eligible entity shall submit an
application to the Administrator in such form, in such
manner, and containing such information as the
Administrator may require, including--
(A) a certification that the eligible
entity--
(i) has designated an executive
director or program manager, who may be
compensated using grant funds awarded
under this section or other sources, to
manage the women's business center for
which a grant under subsection (b) is
sought; and
(ii) meets accounting and reporting
requirements established by the
Director of the Office of Management
and Budget;
(B) information demonstrating the experience
and effectiveness of the eligible entity in--
(i) providing counseling and training
described under subsection (b)(2);
(ii) providing training and services
to a representative number of women who
are socially or economically
disadvantaged; and
(iii) working with resource partners
of the Administration and other
entities; and
(C) a 5-year plan that--
(i) includes information relating to
the assistance to be provided by the
women's business center in the area in
which the women's business center is
located;
(ii) describes the ability of the
eligible entity to meet the needs of
the market to be served by the women's
business center, including the ability
to obtain the matching funds required
under subsection (e); and
(iii) describes the ability of the
eligible entity to provide counseling
and training described under subsection
(b)(2), including to a representative
number of women who are socially or
economically disadvantaged.
(2) Record retention.--
(A) In general.--The Administrator shall
maintain a copy of each application submitted
under this subsection for not less than 5
years.
(B) Paperwork reduction.--The Administrator
shall take steps to reduce, to the maximum
extent practicable, the paperwork burden
associated with carrying out subparagraph (A).
(d) Selection of Eligible Entities.--
(1) In general.--In selecting recipients of initial
grants, the Administrator shall consider--
(A) the experience of the applicant in
providing entrepreneurial training;
(B) the amount of time needed for the
applicant to commence operation of a women's
business center;
(C) in consultation with a Women's Business
Center Association, the capacity of the
applicant to meet the accreditation standards
established under subsection (k)(4) in a timely
manner;
(D) the ability of the applicant to sustain
operations, including the applicant's ability
to obtain sufficient non-Federal funds, for a
5-year period;
(E) the proposed location of a women's
business center to be operated by the applicant
and the location's proximity to Veteran
Business Outreach Centers and to recipients of
grants under section 8(b)(1) or 21;
(F) the population density of the area to be
served by the women's business center operated
by the applicant; and
(G) the advice and counsel of a Women's
Business Center Association to determine areas
with unmet needs and the likelihood that the
recipient will become accredited.
(2) Selection criteria.--
(A) Rulemaking.--The Administrator shall
issue regulations to specify the criteria for
review and selection of applicants under this
subsection.
(B) Modifications prohibited after
announcement.--With respect to a public
announcement of any opportunity to be awarded a
grant under this section made by the
Administrator pursuant to subsection (l)(1),
the Administrator may not modify regulations
issued pursuant to subparagraph (A) with
respect to such opportunity unless required to
do so by an Act of Congress or an order of a
Federal court.
(C) Rule of construction.--Nothing in this
paragraph may be construed as prohibiting the
Administrator from modifying the regulations
issued pursuant to subparagraph (A) (after
providing an opportunity for notice and
comment) as such regulations apply to an
opportunity to be awarded a grant under this
section that the Administrator has not yet
publicly announced pursuant to subsection
(l)(1).
(e) Matching Requirements.--
(1) In general.--Subject to paragraph (5), upon
approval of an application submitted under subsection
(c), the eligible entity shall agree to obtain
contributions from non-Federal sources--
(A) in the first and second year of the term
of an initial grant, if applicable, 1 non-
Federal dollar for each 2 Federal dollars; and
(B) in each subsequent year of the term of an
initial grant, if applicable, or for the term
of a continuation grant, 1 non-Federal dollar
for each Federal dollar.
(2) Form of matching funds.--Not more than one-half
of non-Federal matching funds described under paragraph
(1) may be in the form of in-kind contributions that
are budget line items only, including office equipment
and office space.
(3) Solicitation.--Notwithstanding any other
provision of law, an eligible entity may--
(A) solicit cash and in-kind contributions
from private individuals and entities to be
used to operate a women's business center; and
(B) use amounts made available by the
Administrator under this section for the cost
of such solicitation and management of the
contributions received.
(4) Disbursement of funds.--The Administrator may
disburse an amount not greater than 25 percent of the
total amount of a grant awarded to an eligible entity
before such eligible entity obtains the non-Federal
matching funds described under paragraph (1).
(5) Failure to obtain matching funds.--If an eligible
entity fails to obtain the required matching funds
described under paragraph (1), the eligible entity may
not be eligible to receive advance disbursements
pursuant to paragraph (4) during the remainder of the
term, if applicable, of an initial grant awarded under
this section. Before approving such eligible entity for
a continuation grant under this section, the
Administrator shall make a written determination,
including the reasons for such determination, of
whether the Administrator believes that the eligible
entity will be able to obtain the requisite funding
under paragraph (1) for such continuation grant.
(6) Waiver of non-federal share.--
(A) In general.--Upon request by an eligible
entity, and in accordance with this paragraph,
the Administrator may waive, in whole or in
part, the requirement to obtain non-Federal
matching funds for a grant awarded under this
section for the eligible entity for a one-year
term of the grant. The Administrator may not
issue such a waiver for more than a total of 2
consecutive one-year terms.
(B) Considerations.--In determining whether
to issue a waiver under this paragraph, the
Administrator shall consider--
(i) the economic conditions affecting
the eligible entity;
(ii) the demonstrated ability of the
eligible entity to raise non-Federal
funds; and
(iii) the performance of the eligible
entity under the initial grant.
(C) Limitation.--The Administrator may not
issue a waiver under this paragraph if the
Administrator determines that granting the
waiver would undermine the credibility of the
Women's Business Center Program.
(7) Excess non-federal dollars.--The amount of non-
Federal dollars obtained by an eligible entity that is
above the amount that is required to be obtained by the
eligible entity under this subsection shall not be
subject to the requirements of part 200 of title 2,
Code of Federal Regulations, or any successor thereto,
if such amount of non-Federal dollars--
(A) is not used as matching funds for
purposes of implementing the Women's Business
Center Program; and
(B) was not obtained using funds from the
Women's Business Center Program.
(8) Carryover.--Excess non-Federal dollars described
in paragraph (7) may be used to satisfy the matching
funds requirement under paragraph (1) for the
subsequent one-year grant term, if applicable, except
that such amounts shall be subject to the requirements
of part 200 of title 2, Code of Federal Regulations, or
any successor thereto.
(f) Other Requirements.--
(1) Separation of funds.--An eligible entity shall--
(A) operate a women's business center under
this section separately from other projects, if
any, of the eligible entity; and
(B) separately maintain and account for any
grants received under this section.
(2) Examination of eligible entities.--
(A) Required site visit.--Before receiving an
initial grant under this section, each
applicant shall have a site visit by an
employee of the Administration, in order to
ensure that the applicant has sufficient
resources to provide the services for which the
grant is being provided.
(B) Annual review.--An employee of the
Administration shall--
(i) conduct an annual programmatic
and financial examination of each
eligible entity, as described in
subsection (g); and
(ii) provide the results of such
examination to the eligible entity.
(3) Remediation of problems.--
(A) Plan of action.--If an examination of an
eligible entity conducted under paragraph
(2)(B) identifies any problems, the eligible
entity shall, within 45 calendar days of
receiving a copy of the results of such
examination, provide the Assistant
Administrator with a plan of action, including
specific milestones, for correcting such
problems.
(B) Plan of action review by the assistant
administrator.--The Assistant Administrator
shall review each plan of action submitted
under subparagraph (A) within 30 calendar days
of receiving such plan. If the Assistant
Administrator determines that such plan--
(i) will bring the eligible entity
into compliance with all the terms of
the grant agreement, the Assistant
Administrator shall approve such plan;
or
(ii) is inadequate to remedy the
problems identified in the annual
examination to which the plan of action
relates, the Assistant Administrator
shall set forth such reasons in writing
and provide such determination to the
eligible entity within 15 calendar days
of such determination.
(C) Amendment to plan of action.--An eligible
entity receiving a determination under
subparagraph (B)(ii) shall have 30 calendar
days from the receipt of the determination to
amend the plan of action to satisfy the
problems identified by the Assistant
Administrator and resubmit such plan to the
Assistant Administrator.
(D) Amended plan review by the assistant
administrator.--Within 15 calendar days of the
receipt of an amended plan of action under
subparagraph (C), the Assistant Administrator
shall either approve or reject such plan and
provide such approval or rejection in writing
to the eligible entity.
(E) Appeal of assistant administrator
determination.--
(i) In general.--If the Assistant
Administrator rejects an amended plan
under subparagraph (D), the eligible
entity shall have the opportunity to
appeal such decision to the
Administrator, who may delegate such
appeal to an appropriate officer of the
Administration.
(ii) Opportunity for explanation.--
Any appeal described under clause (i)
shall provide an opportunity for the
eligible entity to provide, in writing,
an explanation of why the eligible
entity's amended plan remedies the
problems identified in the annual
examination conducted under paragraph
(2)(B).
(iii) Notice of determination.--The
Administrator shall provide to the
eligible entity a determination of the
appeal, in writing, not later than 15
calendar days after the eligible entity
files an appeal under this
subparagraph.
(iv) Effect of failure to act.--If
the Administrator fails to act on an
appeal made under this subparagraph
within the 15-day period specified
under clause (iii), the eligible
entity's amended plan of action
submitted under subparagraph (C) shall
be deemed to be approved.
(4) Termination of grant.--
(A) In general.--The Administrator shall
terminate a grant to an eligible entity under
this section if the eligible entity fails to
comply with--
(i) a plan of action approved by the
Assistant Administrator under paragraph
(3)(B)(i); or
(ii) an amended plan of action
approved by the Assistant Administrator
under paragraph (3)(D) or approved on
appeal under paragraph (3)(E).
(B) Appeal of termination.--An eligible
entity shall have the opportunity to challenge
the termination of a grant under subparagraph
(A) on the record and after an opportunity for
a hearing.
(C) Final agency action.--A determination
made pursuant to subparagraph (B) shall be
considered final agency action for the purposes
of chapter 7 of title 5, United States Code.
(5) Consultation with majority women's business
center association.--If a majority of women's business
centers that are operating pursuant to agreements with
the Administration are members of an individual Women's
Business Center Association, the Administrator shall--
(A) recognize the existence and activities of
such Association; and
(B) consult with the Association on, and
negotiate with the Association in the
development of documents with respect to--
(i) announcing the annual scope of
activities pursuant to this section;
(ii) requesting proposals to deliver
assistance as provided in this section;
and
(iii) governing the general
operations and administration of
women's business centers, specifically
including the development of
regulations and a uniform negotiated
cooperative agreement for use on an
annual basis when entering into
individual negotiated agreements with
women's business centers.
(g) Program Examination.--
(1) In general.--The Administration shall--
(A) develop and implement an annual
programmatic and financial examination of each
eligible entity receiving a grant under this
section, under which each such eligible entity
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 eligible entity during the
preceding year in order to meet the
requirements of subsection (e) and,
with respect to any in-kind
contributions described in subsection
(e)(2) that were used to satisfy the
requirements of subsection (e),
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 operated by the eligible entity.
(2) Conditions for continued funding.--In determining
whether to award a continuation grant to an eligible
entity, the Administrator--
(A) shall consider the results of the most
recent examination of the eligible entity under
paragraph (1);
(B) shall determine if--
(i) the eligible entity has failed to
provide, or provided inadequate,
information under paragraph (1)(A); or
(ii) the eligible entity has failed
to provide any information required to
be provided by the women's business
center for purposes of the management
report under subsection (m)(1), or the
information provided by the center is
inadequate; and
(C) shall consider the accreditation status
as described in subsection (k)(4).
(h) Notice and Comment Required.--The Administrator may only
make a change to the standards by which an eligible entity
obtains or maintains grants under this section, the standards
for accreditation, or any other requirement for the operation
of a women's business center if the Administrator first
provides notice and the opportunity for public comment, as set
forth in section 553(b) of title 5, United States Code, without
regard to any exceptions provided for under such section.
(i) Contract Authority.--
(1) Eligible entity.--An eligible entity that
receives a grant under this section may enter into a
contract with a Federal department or agency to provide
specific assistance to small business concerns owned
and controlled by women and other underserved small
business concerns, if performance of such a contract
does not hinder the ability of the eligible entity to
carry out the terms of a grant received under this
section.
(2) Administrator.--The authority of the
Administrator to enter into contracts shall be in
effect for each fiscal year only to the extent and in
the amounts as are provided in advance in
appropriations Acts. After the Administrator has
entered into a contract, either as a grant or a
cooperative agreement, with any applicant under this
section, the Administrator shall not suspend,
terminate, or fail to renew or extend any such contract
unless the Administrator provides the applicant with
written notification setting forth the reasons
therefore and affords the applicant an opportunity for
a hearing, appeal, or other administrative proceeding
under chapter 5 of title 5, United States Code.
(j) Privacy Requirements.--
(1) In general.--A women's business center may not
disclose the name, address, or telephone number of any
individual or small business concern receiving
assistance under this section without the consent of
such individual or small business concern, unless--
(A) the Administrator orders such disclosure
after the Administrator is ordered to make such
a disclosure by a court in any civil or
criminal enforcement action initiated by a
Federal or State agency; or
(B) the Administrator considers such a
disclosure to be necessary for the purpose of
conducting a financial audit of a women's
business center, except that such a disclosure
shall be limited to the information necessary
for such audit.
(2) Administration use of information.--This
subsection shall not--
(A) restrict Administration access to women's
business center data; or
(B) prevent the Administration from using
information about individuals who use women's
business centers to conduct surveys of such
individuals.
(3) Regulations.--The Administrator shall issue
regulations to establish standards for disclosures for
purposes of a financial audit described under paragraph
(1)(B).
(k) Office of Women's Business Ownership.--
(1) Establishment.--There is established within the
Administration an Office of Women's Business Ownership,
which shall be responsible for the administration of
the Administration's programs for the development of
women's business enterprises (as defined in section 408
of the Women's Business Ownership Act of 1988). The
Office of Women's Business Ownership shall be
administered by an Assistant Administrator, who shall
be appointed by the Administrator.
(2) Assistant administrator of the office of women's
business ownership.--
(A) Qualification.--The position of Assistant
Administrator shall be a Senior Executive
Service position under section 3132(a)(2) of
title 5, United States Code. The Assistant
Administrator shall serve as a noncareer
appointee (as defined in section 3132(a)(7) of
that title).
(B) Duties.--The Assistant Administrator
shall administer the programs and services of
the Office of Women's Business Ownership and
perform the following functions:
(i) Recommend the annual
administrative and program budgets of
the Office and eligible entities
receiving a grant under the Women's
Business Center Program.
(ii) Review the annual budgets
submitted by each eligible entity
receiving a grant under the Women's
Business Center Program.
(iii) Collaborate with other Federal
departments and agencies, State and
local governments, not-for-profit
organizations, and for-profit
organizations to maximize utilization
of taxpayer dollars and reduce (or
eliminate) any duplication among the
programs overseen by the Office of
Women's Business Ownership and those of
other entities that provide similar
services to women entrepreneurs.
(iv) Maintain a clearinghouse to
provide for the dissemination and
exchange of information between women's
business centers.
(v) Serve as the vice chairperson of
the Interagency Committee on Women's
Business Enterprise and as the liaison
for the National Women's Business
Council.
(3) Mission.--The mission of the Office of Women's
Business Ownership shall be to assist women
entrepreneurs to start, grow, and compete in global
markets by providing quality support with access to
capital, access to markets, job creation, growth, and
counseling by--
(A) fostering participation of women
entrepreneurs in the economy by overseeing a
network of women's business centers throughout
States and territories;
(B) creating public-private partnerships to
support women entrepreneurs and conduct
outreach and education to small business
concerns owned and controlled by women; and
(C) working with other programs of the
Administrator to--
(i) ensure women are well-represented
in those programs and being served by
those programs; and
(ii) identify gaps where
participation by women in those
programs could be increased.
(4) Accreditation program.--
(A) Establishment.--Not later than 270 days
after the date of enactment of this paragraph,
the Administrator shall publish standards for a
program to accredit eligible entities that
receive a grant under this section.
(B) Public comment; transition.--Before
publishing the standards under subparagraph
(A), the Administrator--
(i) shall provide a period of not
less than 60 days for public comment on
such standards; and
(ii) may not terminate a grant under
this section absent evidence of fraud
or other criminal misconduct by the
recipient.
(C) Contracting authority.--The Administrator
may provide financial support, by contract or
otherwise, to a Women's Business Center
Association to provide assistance in
establishing the standards required under
subparagraph (A) or for carrying out an
accreditation program pursuant to such
standards.
(5) Continuation grant considerations.--
(A) In general.--In determining whether to
award a continuation grant under this section,
the Administrator shall consider the results of
the annual programmatic and financial
examination conducted under subsection (g) and
the accreditation program.
(B) Accreditation requirement.--After the end
of the 2-year period beginning on the date of
enactment of this subsection, the
Administration may not award a continuation
grant under this section unless the applicable
eligible entity has been approved under the
accreditation program conducted pursuant to
this subsection, except that the Assistant
Administrator for the Office of Women's
Business Ownership may waive such accreditation
requirement, in the discretion of the Assistant
Administrator, upon a showing that the eligible
entity is making a good faith effort to obtain
accreditation.
(6) Annual conference.--Each women's business center
shall participate in annual professional development at
an annual conference facilitated by a Women's Business
Center Association.
(l) Notification Requirements Under the Women's Business
Center Program.--The Administrator shall provide the following:
(1) A public announcement of any opportunity to be
awarded grants under this section, to include the
selection criteria under subsection (d) and any
applicable regulations.
(2) To any applicant for a grant under this section
that failed to obtain such a grant, an opportunity to
debrief with the Administrator to review the reasons
for the applicant's failure.
(3) To an eligible entity that receives an initial
grant under this section, if a site visit or review of
the eligible entity is carried out by an officer or
employee of the Administration (other than the
Inspector General), a copy of the site visit report or
evaluation, as applicable, within 30 calendar days of
the completion of such visit or evaluation.
(m) Annual Management Report.--
(1) In general.--The Administrator shall prepare and
submit to the Committee on Small Business of the House
of Representatives and the Committee on Small Business
and Entrepreneurship of the Senate an annual report on
the effectiveness of women's business centers operated
through a grant awarded under this section.
(2) Contents.--Each report submitted under paragraph
(1) shall include--
(A) information concerning, with respect to
each women's business center established
pursuant to a grant awarded under this section,
the most recent analysis of the annual
programmatic and financial examination of the
applicable eligible entity, as required under
subsection (g)(1)(B), and the subsequent
determination made by the Administration under
that subsection;
(B) the number of persons advised and trained
through the Women's Business Center Program;
(C) the total number of hours of advising and
training through the Program;
(D) the demographics of Program participants
to include gender, race, and age of each such
participant;
(E) the number of Program participants who
are veterans;
(F) the number of new businesses started by
participants in the Program;
(G) to the extent practicable, the number of
jobs supported, created or retained with
assistance from women's business centers;
(H) the amount of capital secured by
participants in the Program, including through
loans and equity investment;
(I) the number of participants in the Program
receiving financial assistance, including the
type and dollar amount, under the loan programs
of the Administration;
(J) an estimate of gross receipts, including
to the extent practicable a description of any
change in revenue of small business concerns
assisted through the Program;
(K) to the maximum extent practicable,
increases or decreases in revenues for the
assisted small business concerns;
(L) the number of referrals made to other
resources and programs of the Administration;
(M) the results of satisfaction surveys of
participants, including a summary of any
comments received from such participants; and
(N) any recommendations by the Administrator
to improve the delivery of services by women's
business centers.
(n) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to the Administration to carry out this
section, to remain available until expended,
$31,500,000 for each of fiscal years 2020 through 2023.
(2) Use of amounts.--
(A) In general.--Except as provided in
subparagraph (B), amounts made available under
this subsection for fiscal year 2020, and each
fiscal year thereafter, 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.
(B) Exceptions.--Of the amount made available
under this subsection for a fiscal year, the
following amounts shall be available for costs
incurred by the Administration in connection
with the management and administration of the
program under this section:
(i) For the first fiscal year
beginning after the date of the
enactment of this subparagraph, 2.65
percent.
(ii) For the second fiscal year
beginning after the date of the
enactment of this subparagraph and each
fiscal year thereafter through fiscal
year 2023, 2.5 percent.
(3) Expedited acquisition.--Notwithstanding any other
provision of law, the Administrator may use such
expedited acquisition methods as the Administrator
determines to be appropriate to carry out this section,
except that the Administrator shall ensure that all
small business sources are provided a reasonable
opportunity to submit proposals.
(4) Accreditation and annual conference.--Not less
than $500,000 of the amounts appropriated pursuant to
paragraph (1) for a fiscal year shall be available for
purposes of carrying out subsection (k), of which no
less than $50,000 shall be available to support an
annual conference described under subsection (k)(6).
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