Women’s Business Centers Improvement Act of 2022
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This is House Report 117-258 of the 117th Congress, 2d Session, titled Women's Business Centers Improvement Act of 2022, from the Committee on Small Business, committed to the Committee of the Whole House on the State of the Union and ordered to be printed March 7, 2022. Ms. Velázquez reports on H.R. 6441, which the Committee reports favorably without amendment and recommends that the bill do pass. The report states that the bill amends section 29 of the Small Business Act to improve the women's business center program and was introduced by Representatives Sharice Davids and Claudia Tenney on January 20, 2022. It says the cap on grants to individual WBCs remains at $150,000.
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Cite this document
“Women’s Business Centers Improvement Act of 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt258-crpt-117hrpt258/
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–258
WOMEN’S BUSINESS CENTERS IMPROVEMENT ACT OF
2022
MARCH 7, 2022.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Ms. VELÁZQUEZ, from the Committee on Small Business,
submitted the following
R E P O R T
[To accompany H.R. 6441]
The Committee on Small Business, to whom was referred the bill
(H.R. 6441) to amend the Small Business Act to improve the wom-
en’s business center program, and for other purposes, having con-
sidered the same, reports favorably thereon without amendment
and recommends 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 for H.R. 6441 ............................................................... 3
VII. Congressional Budget Cost Estimate ........................................................ 7
VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures 7
IX. Committee Oversight Findings and Recommendations ........................... 7
X. Statement of General Performance Goals and Objectives ....................... 7
XI. Duplication of Federal Programs ............................................................... 7
XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits ..................................................................................................... 7
XIII. Federal Mandates Statement ..................................................................... 8
XIV. Federal Advisory Committee Statement ................................................... 8
XV. Applicability to Legislative Branch ........................................................... 8
XVI. Constitutional Authority Statement .......................................................... 8
XVII. Changes in Existing Law Made by the Bill, as Reported ........................ 8
I. PURPOSE AND BILL SUMMARY
The purpose of H.R. 6441, the ‘‘Women’s Business Centers Im-
provements Act of 2022’’, is to strengthen the Women’s Business
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Centers (WBC) program to ensure that women entrepreneurs
29–006
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2
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. 6441 was introduced by Representatives Sharice Davids (D–
KS) and Claudia Tenney (R–NY) on January 20, 2022. The bill
amends section 29 of the Small Business Act to make numerous
improvements to the WBC program.
WBCs are a critical component of the U.S. Small Business Ad-
ministration’s (SBA) entrepreneurial ecosystem. WBCs were cre-
ated to assist small businesses primarily owned by women, many
of whom are socially and economically disadvantaged. The WBC
program funds more than 130 non-profit organizations that provide
quality advising and training services primarily to women entre-
preneurs.1 Many of the WBCs provide multilingual services, main-
tain evening and weekend hours to accommodate clients who work
full-time, and allow children to attend training sessions with their
mothers.2 In 2020, the WBC program increased their reach by 22
percent and advised and trained more than 82,000 entrepreneurs,
and helped start and sustain over 30,000 small businesses.3
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 $356,000. In order to reach more
women entrepreneurs, the WBC program needs more resources.
H.R. 6441 would not only increase the resources, but also require
annual performance reports and an established accreditation pro-
gram modeled after that of the America’s Small Business Develop-
ment Centers (SBDC) to ensure program consistency.
III. HEARINGS
In the 117th Congress, the Committee on Small Business, Sub-
committee on Innovation, Entrepreneurship, and Workforce Devel-
opment held a hearing on May 19, 2021, titled, ‘‘The Small Busi-
ness Administration’s Entrepreneurial Ecosystem: An Update and
Next Steps with SBA’s Resource Partners’’. During the hearing,
Committee Members heard from SBA Resource Partners and a
SBDC client.
Ms. Hodges, the CEO of the Association of Women’s Business
Centers (AWBC) spoke about the importance of Women’s Business
Centers (WBCs), particularly through the pandemic. Women-owned
small businesses were particularly hard-hit throughout the pan-
demic and WBCs received a historic influx of requests for their
services. She also testified about the work they did throughout the
expansion of the program with the additional funding provided by
the CARES Act and the physical expansion of the program to in-
clude 20 new WBCs across the country. In addition, Ms. Hodges
spoke about the importance of reauthorizing the WBC program to
1 U.S. SMALL BUS. ADMIN., Press Release No. 21–01:SBA Launches Largest Expansion of Wom-
en’s Business Centers in 30 Years (Jan. 4, 2021), https://www.sba.gov/article/2021/jan/04/sba-
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launches-largest-expansion-womens-business-centers-30-years.
2 Committee Testimony.
3 Association of Women’s Business Centers (AWBC), 2020 Annual Report (forthcoming 2021)
(unpublished manuscript at 6) (on file with Committee).
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3
modernize and strengthen the program to meet the needs of today’s
women-owned small businesses and entrepreneurs.
On June 15, 2021, the Committee held a hearing entitled, ‘‘Re-
versing the Decline in Women’s Entrepreneurship: Opportunities
for Rebuilding the Economy’’ to highlight the impact the pandemic
had on women-owned small businesses and how Congress can bet-
ter support them moving forward. Ms. Turner, the Executive Direc-
tor of the Kansas City Women’s Business Center, testified in sup-
port of reauthorizing the WBC program, particularly in regard to
the modernization and formal accreditation process.
In addition, on October 6, 2021, the Committee held a hearing
entitled, ‘‘SBA’s Entrepreneurial Development Programs’’ where
the Assistant Administrator for SBA’s Office of Entrepreneurial
Development, Mark Madrid, testified on the importance of SBA’s
entrepreneurial programs. Specifically, Mr. Madrid testified that
WBCs are more important than ever as women business owners
have been disproportionately impacted by the pandemic. Mr. Ma-
drid stated that the Office of Entrepreneurial Development is ur-
gently working to support the program and continue expanding it
to more communities.
IV. COMMITTEE CONSIDERATION
The Committee on Small Business met in open session, with a
quorum being present, on February 3, 2022, and ordered H.R. 6441
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 Representa-
tives requires the Committee to list the recorded votes on the mo-
tion to report legislation and amendments thereto. The Committee
voted by voice vote to favorably report H.R. 6441 to the House at
10:29 A.M.
VI. SECTION-BY-SECTION FOR H.R. 6441
Section 1. Short title
This Act may be cited as the ‘‘Women’s Business Centers Im-
provement Act of 2022’’.
Section 2. Amendments to Women’s Business Center Program
This section amends Section 29 of the Small Business Act (15
U.S.C. § 656).
Subsection (a)—Definitions.
This subsection defines key terms throughout the bill.
Subsection (b)—Authority.
This subsection gives the Administrator of the Small Business
Administration (SBA) the authority to provide initial and continu-
ation grants to eligible entities to operate Women’s Business Cen-
ters (WBCs) that will provide entrepreneurial counseling and train-
ing services for women, especially socially and economically dis-
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advantaged women. The services provided must include securing
capital, financial operations, management, and marketing assist-
ance.
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This subsection also increases the maximum grant amount for
each center to $300,000 per year, and indexes for inflation. This is
the first time since the program’s creation that the cap is being
raised. If the original cap ($150,000) was indexed for inflation the
grant amount would be approximately $325,000 today. This in-
crease will allow established WBCs to expand their reach to more
women entrepreneurs in need. The term of the initial and continu-
ation grants will be five years and there is no limitation on the
number of continuation grants entities can receive.
Subsection (c)—Application.
This subsection sets forth the requirements for grant applications
for initial or continuation grants. To receive a grant, an entity
must submit in their application to the Administrator: a certifi-
cation of designation of an executive director or program manager;
a certification that they meet the Office of Management and Budg-
et accounting and reporting requirements; information dem-
onstrating the experience and effectiveness in providing entrepre-
neurial counseling and training; and a five-year plan dem-
onstrating the ability of the WBC to serve women who are business
owners or entrepreneurs and who are socially and economically dis-
advantaged. The Administrator is required to maintain a record of
each application for five years, while taking steps to reduce the pa-
perwork burden on applicants.
Subsection (d)—Selection of Eligible Entities.
This subsection adds requirements for SBA’s review of grant ap-
plications, which include: experience in providing entrepreneurial
counseling and training; the time needed to commence operations;
program sustainability after five years; location and proximity to
other Resource Partners; population density; and the capacity to
meet accreditation standards. Further, this subsection requires
SBA to establish regulations in accordance with the criteria to en-
sure that all eligible entities understand what would be required
of them to receive a grant.
Subsection (e)—Matching Requirements.
This subsection sets forth the requirements for grants, which in-
clude 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 entire term of the continuation grants, WBCs must
provide one dollar for every federal dollar awarded by SBA. At
least 50 percent of the matching funds must be in cash. This sub-
section allows the Administrator to waive, in whole or in part, the
requirement to obtain non-federal funds for entrepreneurial coun-
seling and training activities of the recipient of financial assistance.
The Administrator may not waive the requirement for a recipient
organization to obtain non-federal funds for more than one fiscal
year.
This subsection also requires the Administrator to consider when
determining whether to waive the requirement to obtain non-fed-
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eral funds: the economic conditions affecting the recipient; the dem-
onstrated ability of the recipient to raise non-federal funds; and the
performance of the recipient. Further, to safeguard both the tax-
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5
payer and the other WBC grant recipients, it prohibits the Admin-
istrator from waiving the requirement to obtain non-federal funds
if granting the waiver would undermine the credibility of the WBC
program.
Additionally, this subsection exempts the amount of 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 the require-
ments of part 200 of title 2, Code of Federal Regulations, or any
successor regulation. This corrects a longstanding compliance chal-
lenge by which WBCs would be reluctant to raise additional funds
as SBA would force them to include it as part of their budget even
though that money was not being used for purposes of the match.
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)—Other Requirements.
This subsection prohibits eligible entities from commingling
grant funds, requires site visits before receiving initial grants, and
requires annual programmatic and financial reviews by SBA to en-
sure compliance with the grant agreements. This subsection also
provides timelines for WBCs to provide plans of action to remedy
any problems found through programmatic and financial examina-
tions and timelines for SBA’s acceptance or rejection of those plans.
This subsection also requires the Assistant Administrator of the
Office of Women’s Business Ownership (Assistant Administrator) to
consult with the Association of Women’s Business Centers (Associa-
tion) in the development of documents with respect to the scope of
the WBCs activities, requesting proposals to deliver assistance, and
governing the general operations and administration of WBCs. Fi-
nally, this subsection requires the Assistant Administrator to de-
velop and enforce policies and procedures to minimize grant non-
compliance.
Subsection (g)—Program Examination.
This subsection requires the Administration to conduct pro-
grammatic and financial exams of the entities annually, and to con-
sider the results of the examinations in determining whether to
continue the awards. This subsection requires the Assistant Ad-
ministrator to work with the Association to develop, implement,
and maintain the policies and procedures for required financial ex-
aminations.
Subsection (h)—Notice and Comment Required.
This subsection requires a notice and comment period prior to
making changes to the standards under which a WBC obtains and
maintains grants, the standards for accreditation, or any other re-
quirements for the operation of a WBC.
Subsection (i)—Contract Authority.
This subsection sets forth requirements for contract authority.
Subsection (j)—Privacy Requirements.
This subsection prescribes privacy requirements that prohibit
WBCs from disclosing personal information including the name, ad-
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dress, or telephone number of clients without their consent. This
does not prohibit SBA from accessing WBC data or surveying WBC
clients.
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Subsection (k)—Office of Women’s Business Ownership.
This subsection improves the Office of Women’s Business Owner-
ship (OWBO), which is responsible for overseeing the WBC pro-
gram. OWBO is overseen by the Assistant Administrator, and this
subsection provides a mission for OWBO to assist women entre-
preneurs, while clarifying the responsibilities and duties of the in-
dividual serving as the Assistant Administrator to ensure that the
office’s mission is met. Specifically, this subsection directs the
OWBO to work with Administration officials and collaborate with
entities other than the Administration to ensure that the work of
the WBC program coordinates effectively with the efforts of other
federal government and private sector programs.
This subsection also requires the Administrator to establish,
through notice and comment rulemaking, an accreditation program
for the WBC program and allows the Administrator to provide a
contract or financial assistance to an association which represents
a majority of WBCs. While OWBO provides grants to various insti-
tutions for the establishment of WBCs across the country, there is
little consistency in standards aside from meeting the requirements
of the grant.
This subsection ensures that no matter which WBC an entre-
preneur goes to across the country, each WBC will meet certain ac-
creditation standards. Additionally, this subsection provides transi-
tion time so that a current WBC grantee, who does not engage in
criminal activity or fraud, has time to become accredited and com-
ply with the standards. This subsection also requires each WBC to
participate in annual professional development at an annual con-
ference facilitated by the Association.
Subsection (l)—Notification Requirements Under the Women’s
Business Center Program.
This subsection requires SBA to provide public announcements of
the grant’s availability. Further, it allows anyone denied a grant to
review the denial with the Assistant Administrator. It requires any
eligible entity who receives a site visit or evaluation to receive a
copy of that report within 30 days of completion.
Subsection (m)—Annual Management Report.
This subsection requires the SBA to submit an annual report to
the Senate and House Committees on Small Business on the effec-
tiveness of the WBCs.
Subsection (n)—Authorization of Appropriations.
This subsection provides for an authorization for four years,
FY2022 through FY2025, in the amount of $31.5 million for each
fiscal year. Of the amount made available, at least $500,000 will
be made available to carry out the accreditation requirements and
conference costs.
Section. 3. Effect on existing grants
This section amends Section 29(m) to provide protections for ex-
isting WBCs and ensure that existing WBCs have adequate time
to meet the new requirements provided within this bill.
Section. 4. Regulations
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This section requires the Administrator, within 270 days, to pro-
mulgate rules as necessary to carry out section 29 of the Small
Business Act, as amended by this bill.
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7
VII. CONGRESSIONAL BUDGET COST ESTIMATE
The Committee has requested but not received a cost estimate
from the Director of the Congressional Budget Office.
VIII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX
EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
of Representatives and section 308(a) of the Congressional Budget
Act of 1974, the Committee provides the following opinion and esti-
mate with respect to new budget authority, entitlement authority,
and tax expenditures. While the Committee has not received an es-
timate of new budget authority contained in the cost estimate pre-
pared by the Director of the Congressional Budget Office pursuant
to Sec. 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 fu-
ture appropriation action.
IX. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
In accordance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the over-
sight findings and recommendations of the Committee on Small
Business with respect to the subject matter contained in the H.R.
6411 are incorporated into the descriptive portions of this report.
X. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirements of clause 3(c)(4) of rule XIII of
the Rules of the House of Representatives, the performance goals
and objectives of H.R. 6441 is to strengthen the Women’s Business
Centers program by authorizing funding for the program for four
years at $31.5 million for each fiscal year, by requiring an annual
report to measure the effectiveness of the program, and estab-
lishing an accreditation program to increase accountability.
XI. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, no provision of H.R. 6441 is known to be dupli-
cative of another Federal program, including any program that was
included in a report to Congress pursuant to section 21 of Public
Law 111–139 or the most recent Catalog of Federal Domestic As-
sistance.
XII. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND
LIMITED TARIFF BENEFITS
With respect to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee finds that the bill does not con-
tain any congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI of
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the Rules of the House of Representatives.
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XIII. FEDERAL MANDATES STATEMENT
An estimate of Federal mandates prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the Un-
funded Mandates Reform Act was not made available to the Com-
mittee in time for the filing of this report. The Chairwoman of the
Committee shall cause such estimate to be printed in the Congres-
sional Record upon its receipt by the Committee.
XIV. FEDERAL ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b) of the
Federal Advisory Committee Act were created by this legislation.
XV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to the
terms and conditions of employment or access to public services or
accommodations within the meaning of section 102(b)(3) of the Con-
gressional Accountability Act.
XVI. CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 7 of rule XII of the Rules of the House of Rep-
resentatives, the Committee finds the authority for this legislation
in Art. I, § 8, cl. 1 of the Constitution of the United States.
XVII. 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, as shown as follows: existing law proposed to be omit-
ted 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 omit-
ted is enclosed in black brackets, new matter is printed in italics,
and existing law in which no change is proposed is shown in
roman):
SMALL BUSINESS ACT
* * * * * * *
øSEC. 29. WOMEN’S BUSINESS CENTER PROGRAM.
ø(a) DEFINITIONS.—In this section—
ø(1) the term ‘‘Assistant Administrator’’ means the Assistant
Administrator of the Office of Women’s Business Ownership es-
tablished under subsection (g);
ø(2) the term ‘‘private nonprofit organization’’ means an enti-
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ty 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;
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9
ø(3) the term ‘‘small business concern owned and controlled
by women’’, either startup or existing, includes any small busi-
ness concern—
ø(A) that is not less than 51 percent owned by 1 or more
women; and
ø(B) the management and daily business operations of
which are controlled by 1 or more women; and
ø(4) the term ‘‘women’s business center site’’ means the loca-
tion of—
ø(A) a women’s business center; or
ø(B) 1 or more women’s business centers, established in
conjunction with another women’s business center in an-
other location within a State or region—
ø(i) that reach a distinct population that would oth-
erwise not be served;
ø(ii) whose services are targeted to women; and
ø(iii) whose scope, function, and activities are simi-
lar to those of the primary women’s business center or
centers in conjunction with which it was established.
ø(b) AUTHORITY.—The Administration may provide financial as-
sistance to private nonprofit organizations to conduct 5-year
projects for the benefit of small business concerns owned and con-
trolled by women. The projects shall provide—
ø(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 busi-
ness concern;
ø(2) management assistance, including training and coun-
seling in how to plan, organize, staff, direct, and control each
major activity and function of a small business concern; and
ø(3) marketing assistance, including training and counseling
in identifying and segmenting domestic and international mar-
ket opportunities, preparing and executing marketing plans,
developing pricing strategies, locating contract opportunities,
negotiating contracts, and utilizing varying public relations
and advertising techniques.
ø(c) CONDITIONS OF PARTICIPATION.—
ø(1) NON-FEDERAL CONTRIBUTIONS.—As a condition of receiv-
ing financial assistance authorized by this section, the recipi-
ent organization shall agree to obtain, after its application has
been approved and notice of award has been issued, cash con-
tributions from non-Federal sources as follows:
ø(A) in the first and second years, 1 non-Federal dollar
for each 2 Federal dollars; and
ø(B) in the third, fourth, and fifth years, 1 non-Federal
dollar for each Federal dollar.
ø(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.
ø(3) FORM OF FEDERAL CONTRIBUTIONS.—The financial assist-
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ance 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
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10
sum or installments, and in advance or by way of reimburse-
ment. 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.
ø(4) FAILURE TO OBTAIN NON-FEDERAL FUNDING.—If any re-
cipient of assistance fails to obtain the required non-Federal
contribution during any project, it shall not be eligible there-
after 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 wheth-
er 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 determina-
tion.
ø(d) CONTRACT AUTHORITY.—A women’s business center may
enter into a contract with a Federal department or agency to pro-
vide 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.
ø(e) SUBMISSION OF 5-YEAR PLAN.—Each applicant organization
initially shall submit a 5-year plan to the Administration on pro-
posed fundraising and training activities, and a recipient organiza-
tion may receive financial assistance under this program for a max-
imum of 5 years per women’s business center site.
ø(f) CRITERIA.—The Administration shall evaluate and rank ap-
plicants 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 stat-
ed in each solicitation for applications made by the Administration.
The criteria shall include—
ø(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;
ø(2) the present ability of the applicant to commence a
project within a minimum amount of time;
ø(3) the ability of the applicant to provide training and serv-
ices to a representative number of women who are both socially
and economically disadvantaged; and
ø(4) the location for the women’s business center site pro-
posed by the applicant.
ø(g) OFFICE OF WOMEN’S BUSINESS OWNERSHIP.—
ø(1) ESTABLISHMENT.—There is established within the Ad-
ministration an Office of Women’s Business Ownership, which
shall be responsible for the administration of the Administra-
tion’s programs for the development of women’s business enter-
prises (as defined in section 408 of the Women’s Business Own-
ership Act of 1988 (15 U.S.C. 631 note)). The Office of Women’s
Business Ownership shall be administered by an Assistant Ad-
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ministrator, who shall be appointed by the Administrator.
ø(2) ASSISTANT ADMINISTRATOR OF THE OFFICE OF WOMEN’S
BUSINESS OWNERSHIP.—
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ø(A) QUALIFICATION.—The position of Assistant Adminis-
trator shall be a Senior Executive Service position under
section 3132(a)(2) of title 5, United States Code. The As-
sistant Administrator shall serve as a noncareer appointee
(as defined in section 3132(a)(7) of that title).
ø(B) RESPONSIBILITIES AND DUTIES.—
ø(i) RESPONSIBILITIES.—The responsibilities of the
Assistant Administrator shall be to administer the
programs and services of the Office of Women’s Busi-
ness Ownership established to assist women entre-
preneurs in the areas of—
ø(I) starting and operating a small business;
ø(II) development of management and technical
skills;
ø(III) seeking Federal procurement opportuni-
ties; and
ø(IV) increasing the opportunity for access to
capital.
ø(ii) DUTIES.—The Assistant Administrator shall—
ø(I) administer and manage the Women’s Busi-
ness Center program;
ø(II) recommend the annual administrative and
program budgets for the Office of Women’s Busi-
ness Ownership (including the budget for the
Women’s Business Center program);
ø(III) establish appropriate funding levels there-
fore;
ø(IV) review the annual budgets submitted by
each applicant for the Women’s Business Center
program;
ø(V) select applicants to participate in the pro-
gram under this section;
ø(VI) implement this section;
ø(VII) maintain a clearinghouse to provide for
the dissemination and exchange of information be-
tween women’s business centers;
ø(VIII) serve as the vice chairperson of the
Interagency Committee on Women’s Business En-
terprise;
ø(IX) serve as liaison for the National Women’s
Business Council; and
ø(X) advise the Administrator on appointments
to the Women’s Business Council.
ø(C) CONSULTATION REQUIREMENTS.—In carrying out the
responsibilities and duties described in this paragraph, the
Assistant Administrator shall confer with and seek the ad-
vice of the Administration officials in areas served by the
women’s business centers.
ø(h) PROGRAM EXAMINATION.—
ø(1) IN GENERAL.—The Administration shall—
ø(A) develop and implement an annual programmatic
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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—
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12
ø(i) an itemized cost breakdown of actual expendi-
tures for costs incurred during the preceding year; and
ø(ii) documentation regarding the amount of match-
ing 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 require-
ments of subsection (c), verification of the existence
and valuation of those contributions; and
ø(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.
ø(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 coop-
erative agreement) under this section with a women’s business
center, the Administration—
ø(A) shall consider the results of the most recent exam-
ination of the center under paragraph (1); and
ø(B) may withhold such award or renewal, if the Admin-
istration determines that—
ø(i) the center has failed to provide any information
required to be provided under clause (i) or (ii) of para-
graph (1)(A), or the information provided by the center
is inadequate; or
ø(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 inad-
equate.
ø(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 ap-
propriations Acts. After the Administrator has entered into a con-
tract, either as a grant or a cooperative agreement, with any appli-
cant under this section, it shall not suspend, terminate, or fail to
renew or extend any such contract unless the Administrator pro-
vides the applicant with written notification setting forth the rea-
sons therefore and affords the applicant an opportunity for a hear-
ing, appeal, or other administrative proceeding under chapter 5 of
title 5, United States Code.
ø(j) MANAGEMENT REPORT.—
ø(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.
ø(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—
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ø(A) the number of individuals receiving assistance;
ø(B) the number of startup business concerns formed;
ø(C) the gross receipts of assisted concerns;
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13
ø(D) the employment increases or decreases of assisted
concerns;
ø(E) to the maximum extent practicable, increases or de-
creases in profits of assisted concerns; and
ø(F) the most recent analysis, as required under sub-
section (h)(1)(B), and the subsequent determination made
by the Administration under that subsection.
ø(k) AUTHORIZATION OF APPROPRIATIONS.—
ø(1) IN GENERAL.—There is authorized to be appropriated, to
remain available until the expiration of the pilot program
under subsection (l)—
ø(A) $12,000,000 for fiscal year 2000;
ø(B) $12,800,000 for fiscal year 2001;
ø(C) $13,700,000 for fiscal year 2002; and
ø(D) $14,500,000 for fiscal year 2003.
ø(2) USE OF AMOUNTS.—
ø(A) IN GENERAL.—Except as provided in subparagraph
(B), amounts made available under this subsection for fis-
cal year 1999, and each fiscal year thereafter, may only be
used for grant awards and may not be used for costs in-
curred by the Administration in connection with the man-
agement and administration of the program under this
section.
ø(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 con-
ference costs, and costs related to monitoring and over-
sight:
ø(i) For fiscal year 2000, 2 percent.
ø(ii) For fiscal year 2001, 1.9 percent.
ø(iii) For fiscal year 2002, 1.9 percent.
ø(iv) For fiscal year 2003, 1.6 percent.
ø(3) EXPEDITED ACQUISITION.—Notwithstanding any other
provision of law, the Administrator, acting through the Assist-
ant Administrator, may use such expedited acquisition meth-
ods 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 op-
portunity to submit proposals.
ø(4) RESERVATION OF FUNDS FOR SUSTAINABILITY PILOT PRO-
GRAM.—
ø(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):
ø(i) For fiscal year 2000, 17 percent.
ø(ii) For fiscal year 2001, 18.8 percent.
ø(iii) For fiscal year 2002, 30.2 percent.
ø(iv) For fiscal year 2003, 30.2 percent.
ø(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
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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
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14
center sites or to increase funding of existing women’s
business center sites under subsection (b).
ø(m) CONTINUED FUNDING FOR CENTERS.—
ø(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.
ø(2) APPLICABILITY.—A nonprofit organization described in
this paragraph is a nonprofit organization that has received
funding under subsection (b) or (l).
ø(3) APPLICATION AND APPROVAL CRITERIA.—
ø(A) CRITERIA.—Subject to subparagraph (B), the Ad-
ministrator shall develop and publish criteria for the con-
sideration and approval of applications by nonprofit orga-
nizations under this subsection.
ø(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 sub-
section (l), as in effect on the date of enactment of this Act.
ø(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 applica-
tion under this subsection and notify the applicant for each
such application.
ø(4) AWARD OF GRANTS.—
ø(A) IN GENERAL.—Subject to the availability of appro-
priations, the Administrator shall make a grant for the
Federal share of the cost of activities described in the ap-
plication to each applicant approved under this subsection.
ø(B) AMOUNT.—A grant under this subsection shall be
for not more than $150,000, for each year of that grant.
ø(C) FEDERAL SHARE.—The Federal share under this
subsection shall be not more than 50 percent.
ø(D) PRIORITY.—In allocating funds made available for
grants under this section, the Administrator shall give ap-
plications under this subsection or subsection (l) priority
over first-time applications under subsection (b).
ø(5) RENEWAL.—
ø(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 accom-
panied by such information as the Administrator may es-
tablish.
ø(B) UNLIMITED RENEWALS.—There shall be no limita-
tion on the number of times a grant may be renewed
under subparagraph (A).
ø(n) PRIVACY REQUIREMENTS.—
ø(1) IN GENERAL.—A women’s business center may not dis-
close the name, address, or telephone number of any individual
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or small business concern receiving assistance under this sec-
tion without the consent of such individual or small business
concern, unless—
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15
ø(A) the Administrator is ordered to make such a disclo-
sure by a court in any civil or criminal enforcement action
initiated by a Federal or State agency; or
ø(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.
ø(2) ADMINISTRATION USE OF INFORMATION.—This subsection
shall not—
ø(A) restrict Administration access to program activity
data; or
ø(B) prevent the Administration from using client infor-
mation (other than the information described in subpara-
graph (A)) to conduct client surveys.
ø(3) REGULATIONS.—The Administrator shall issue regula-
tions to establish standards for requiring disclosures during a
financial audit under paragraph (1)(B).
ø(o) STUDY AND REPORT ON REPRESENTATION OF WOMEN.—
ø(1) STUDY.—The Administrator shall periodically conduct a
study to identify industries, as defined under the North Amer-
ican Industry Classification System, underrepresented by small
business concerns owned and controlled by women.
ø(2) REPORT.—Not later than 3 years after the date of enact-
ment of this subsection, and every 5 years thereafter, the Ad-
ministrator 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 Admin-
istrator’’ 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 In-
ternal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code;
(B) a State, regional, or local economic development orga-
nization, if the organization certifies that grant funds re-
ceived under this section will not be commingled with other
funds;
(C) an institution of higher education (as defined in sec-
tion 101 of the Higher Education Act of 1965), unless such
institution is currently receiving a grant under section 21;
(D) a development, credit, or finance corporation char-
tered by a State, if such 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).
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(3) SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY
WOMEN.—The term ‘‘small business concern owned and con-
trolled by women’’ has the meaning given under section 3(n).
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16
(4) RESOURCE PARTNERS.—The term ‘‘resource partners’’
means small business development centers, chapters of the Serv-
ice Corps of Retired Executives (established under section
8(b)(1)(B)), and Veteran Business Outreach Centers (described
under section 32).
(5) 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.
(6) 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 Busi-
ness Center Program under which the Administrator may enter
into a cooperative agreement with an eligible entity to provide
a grant to such 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.—A women’s business center established
using funds made available under this section shall be designed
to provide entrepreneurial counseling and training that meets
the needs of the small business concerns owned and controlled
by women, especially such concerns owned and controlled by
women who are both socially and economically disadvantaged
(as defined under section 8(a)), and shall provide—
(A) financial assistance, including counseling and train-
ing on how to—
(i) apply for and secure business credit and invest-
ment capital;
(ii) prepare and present financial statements; and
(iii) manage cash flow and other financial operations
of a small business concern;
(B) management assistance, including counseling and
training on how to plan, organize, staff, direct, and control
each major activity and function of a small business con-
cern; and
(C) marketing assistance, including counseling and train-
ing on how to—
(i) identify and segment domestic and international
market opportunities;
(ii) prepare and execute marketing plans;
(iii) develop pricing strategies;
(iv) locate contract opportunities;
(v) negotiate contracts; and
(vi) use various public relations and advertising
techniques.
(3) TYPES OF GRANTS.—
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(A) INITIAL GRANT.—The amount of an initial grant,
which shall be for a 5-year term, provided under this sub-
section to an eligible entity shall be not more than $300,000
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17
annually (as such amount is annually adjusted by the Ad-
ministrator 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 eli-
gible 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
each women’s business center for which a grant under
subsection (b) is sought; and
(ii) meets accounting and reporting requirements es-
tablished by the Director of the Office of Management
and Budget;
(B) information demonstrating the experience and effec-
tiveness of the eligible entity in—
(i) providing entrepreneurial counseling and training
described under subsection (b)(2);
(ii) providing training and services to a representa-
tive number of women who are both socially and eco-
nomically disadvantaged; and
(iii) working with resource partners, offices of the Ad-
ministration, and other public and private entities en-
gaging in entrepreneurial and small business develop-
ment; and
(C) a 5-year plan that—
(i) includes information relating to the assistance to
be provided by each women’s business center in the
area in which each such center is located;
(ii) describes the ability of the eligible entity to meet
the needs of the market to be served by each women’s
business center;
(iii) describes the ability of the eligible entity to ob-
tain the matching funds required under subsection (e);
and
(iv) describes the ability of the eligible entity to pro-
vide entrepreneurial counseling and training described
under subsection (b)(2), including to a representative
number of women who are both socially and economi-
cally disadvantaged.
(2) RECORD RETENTION.—
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(A) IN GENERAL.—The Administrator shall maintain a
copy of each application submitted under this subsection
for not less than 5 years.
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(B) PAPERWORK REDUCTION.—The Administrator shall
take steps to reduce, to the maximum extent practicable, the
paperwork burden associated with carrying out subpara-
graph (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 entrepre-
neurial counseling and training;
(B) the amount of time needed for the applicant to com-
mence operation of a women’s business center;
(C) in consultation with a Women’s Business Center Asso-
ciation, the capacity of the applicant to meet the accredita-
tion standards established under subsection (k)(4) in a
timely manner;
(D) the ability of the applicant to sustain operations, in-
cluding the applicant’s ability to obtain matching funds
under subsection (e), 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 regula-
tions to specify the criteria for review and selection of appli-
cants under this subsection.
(B) MODIFICATIONS PROHIBITED AFTER ANNOUNCE-
MENT.—With respect to a public announcement of any op-
portunity to be awarded a grant under this section made
by the Administrator pursuant to subsection (l)(1), the Ad-
ministrator 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—
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(A) in the first and second year of the term of an initial
grant, if applicable, 1 non-Federal dollar for every 2 Fed-
eral dollars; and
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19
(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 in-
dividuals and entities to be used to operate a women’s busi-
ness center; and
(B) use amounts made available by the Administrator
under this section for the cost of such solicitation and man-
agement of the contributions received.
(4) DISBURSEMENT OF FUNDS.—The Administrator may dis-
burse an amount not greater than 25 percent of the total
amount of a grant awarded to an eligible entity before such eli-
gible entity obtains the matching funds described under para-
graph (1).
(5) FAILURE TO OBTAIN MATCHING FUNDS.—If an eligible enti-
ty 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 award-
ed 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 matching
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
matching funds under paragraph (1) for a grant awarded
under this section for the eligible entity for a 1-year term
of the grant.
(B) CONSIDERATIONS.—In determining whether to issue a
waiver under this paragraph, the Administrator shall con-
sider—
(i) the economic conditions affecting the eligible enti-
ty;
(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 deter-
mines that granting the waiver would undermine the credi-
bility of the Women’s Business Center Program.
(7) EXCESS NON-FEDERAL DOLLARS.—The amount of non-Fed-
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eral dollars obtained by an eligible entity that is greater than
the amount that is required to be obtained by the eligible entity
under this subsection shall not be subject to the requirements
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20
of part 200 of title 2, Code of Federal Regulations, or any suc-
cessor thereto, if such amount of non-Federal dollars—
(A) is not used as matching funds for purposes of imple-
menting the Women’s Business Center Program; and
(B) was not obtained by using funds granted under the
Women’s Business Center Program.
(8) CARRYOVER.—An eligible entity may use excess non-Fed-
eral dollars described in paragraph (7) to satisfy the matching
funds requirement under paragraph (1) for the subsequent 1-
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 grant funds
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 en-
sure 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 sub-
section (g); and
(ii) provide the results of such examination to the eli-
gible 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, pro-
vide the Assistant Administrator with a plan of action, in-
cluding specific milestones, for correcting such problems.
(B) PLAN OF ACTION REVIEW BY THE ASSISTANT ADMINIS-
TRATOR.—The Assistant Administrator shall review each
plan of action submitted under subparagraph (A) within 30
calendar days of receiving such plan. If the Assistant Ad-
ministrator determines that such plan—
(i) will bring the eligible entity into compliance with
all the terms of a cooperative agreement described in
subsection (b), the Assistant Administrator shall ap-
prove 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
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reasons in writing and provide such determination to
the eligible entity within 15 calendar days of such de-
termination.
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21
(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 identi-
fied by the Assistant Administrator and resubmit such plan
to the Assistant Administrator.
(D) AMENDED PLAN REVIEW BY THE ASSISTANT ADMINIS-
TRATOR.—Within 15 calendar days of the receipt of an
amended plan of action under subparagraph (C), the As-
sistant 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 DETERMINA-
TION.—
(i) IN GENERAL.—If the Assistant Administrator re-
jects an amended plan under subparagraph (D), the el-
igible 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 de-
scribed under clause (i) shall provide an opportunity
for the eligible entity to provide, in writing, an expla-
nation of why the eligible entity’s amended plan rem-
edies the problems identified in the annual examina-
tion 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 sub-
paragraph.
(iv) EFFECT OF FAILURE TO ACT.—If the Adminis-
trator fails to act on an appeal made under this sub-
paragraph 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 Admin-
istrator under paragraph (3)(B)(i); or
(ii) an amended plan of action approved by the As-
sistant Administrator under paragraph (3)(D) or ap-
proved 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 pur-
suant to subparagraph (B) shall be considered final agency
action for the purposes of chapter 7 of title 5, United States
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Code.
(5) CONSULTATION WITH MAJORITY WOMEN’S BUSINESS CEN-
TER ASSOCIATION.—If on the date of the enactment of this sub-
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22
section, a majority of women’s business centers that are oper-
ating pursuant to agreements with the Administration are
members of an individual Women’s Business Center Associa-
tion, the Administrator shall—
(A) recognize the existence and activities of such Associa-
tion; and
(B) consult with the Association on, and negotiate with
the Association in the development of documents with re-
spect to—
(i) announcing the annual scope of activities pursu-
ant to this section;
(ii) requesting proposals to deliver assistance as pro-
vided in this section; and
(iii) governing the general operations and adminis-
tration of women’s business centers, specifically includ-
ing the development of regulations and a uniform nego-
tiated cooperative agreement for use on an annual
basis when entering into individual cooperative agree-
ments with women’s business centers.
(6) ENFORCEMENT.—
(A) GRANTS.—The Assistant Administrator shall develop
policies and procedures to minimize the possibility of
awarding a grant to an eligible entity that will operate a
women’s business center that likely will not remain in com-
pliance with program and financial requirements.
(B) INDIVIDUAL COOPERATIVE AGREEMENTS.—The Assist-
ant Administrator shall enforce the terms of any individual
cooperative agreement described in paragraph (5)(B)(iii).
(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 en-
tity 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 match-
ing 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 de-
scribed in subsection (e)(2) that were used to satisfy the
requirements of subsection (e), verification of the exist-
ence 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—
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(A) shall consider the results of the most recent examina-
tion of the eligible entity under paragraph (1);
(B) shall determine if—
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23
(i) the eligible entity has failed to provide, or pro-
vided inadequate, information under paragraph (1)(A);
or
(ii) the eligible entity has failed to provide any infor-
mation required to be provided by a 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).
(3) ADDITIONAL OVERSIGHT.—The Assistant Administrator
shall work with the Women’s Business Center Association recog-
nized under subsection (f)(5) (as applicable) to develop, imple-
ment, and maintain policies and procedures for conducting fi-
nancial examinations under this subsection and to maintain in-
ternal controls that ensure that such financial examinations are
conducted properly.
(h) NOTICE AND COMMENT REQUIRED.—The Administrator may
only make a change to the standards by which an eligible entity ob-
tains or maintains grants under this section, the standards for ac-
creditation, or any other requirement for the operation of a women’s
business center if the Administrator first provides notice and the op-
portunity 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 de-
partment or agency to provide specific assistance to small busi-
ness concerns owned and controlled by women and other under-
served small business concerns, if performance of such a con-
tract 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 sus-
pend, 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 admin-
istrative 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 con-
cern, unless—
(A) the Administrator orders such disclosure after the
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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
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24
(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 con-
duct 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 Admin-
istration 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 Adminis-
trator shall be a Senior Executive Service position under
section 3132(a)(2) of title 5, United States Code. The Assist-
ant Administrator shall serve as a noncareer appointee (as
defined in section 3132(a)(7) of that title).
(B) DUTIES.—The Assistant Administrator shall admin-
ister the programs and services of the Office of Women’s
Business Ownership and perform the following functions:
(i) Recommend the annual administrative and pro-
gram budgets of the Office and eligible entities receiv-
ing a grant under the Women’s Business Center Pro-
gram.
(ii) Review the annual budgets submitted by each eli-
gible entity receiving a grant under the Women’s Busi-
ness Center Program.
(iii) Collaborate with other Federal departments and
agencies, State and local governments, not-for-profit or-
ganizations, and for-profit organizations to maximize
utilization of taxpayer dollars and reduce (or elimi-
nate) 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 dis-
semination and exchange of information between wom-
en’s business centers.
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(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.
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25
(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 sup-
port 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 cen-
ters 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 pro-
grams 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 Adminis-
trator—
(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 ab-
sent 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 continu-
ation grant under this section unless the applicable eligible
entity has been approved under the accreditation program
conducted pursuant to this subsection, except that the As-
sistant Administrator for the Office of Women’s Business
Ownership may waive such accreditation requirement, in
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the discretion of the Assistant Administrator, upon a show-
ing that the eligible entity is making a good faith effort to
obtain accreditation.
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26
(6) ANNUAL CONFERENCE.—Each women’s business center
shall participate in annual professional development at an an-
nual conference facilitated by a Women’s Business Center Asso-
ciation.
(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 Ad-
ministrator 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 car-
ried 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 com-
pletion of such visit or evaluation.
(m) ANNUAL MANAGEMENT REPORT.—
(1) IN GENERAL.—The Administrator shall prepare and sub-
mit to the Committee on Small Business of the House of Rep-
resentatives and the Committee on Small Business and Entre-
preneurship 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 counseled and trained through
the Women’s Business Center Program;
(C) the total number of hours of counseling 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 vet-
erans;
(F) the number of new businesses started by participants
in the Program;
(G) to the extent practicable, the number of jobs sup-
ported, 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;
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(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;
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27
(K) to the maximum extent practicable, increases or de-
creases 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, in-
cluding a summary of any comments received from such
participants; and
(N) any recommendations by the Administrator to im-
prove 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 2022
through 2025.
(2) USE OF AMOUNTS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), amounts made available under this subsection for fis-
cal year 2022, and each fiscal year thereafter, may only be
used for grant awards and may not be used for costs in-
curred by the Administration in connection with the man-
agement and administration of the program under this sec-
tion.
(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 2025, 2.5 per-
cent.
(3) EXPEDITED ACQUISITION.—Notwithstanding any other pro-
vision of law, the Administrator may use such expedited acqui-
sition methods as the Administrator determines to be appro-
priate to carry out this section, except that the Administrator
shall ensure that all small business sources are provided a rea-
sonable 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 avail-
able to support an annual conference described under sub-
section (k)(6).
* * * * * * *
Æ
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