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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4405 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 190
116th CONGRESS
  1st Session
                                H. R. 4405

                          [Report No. 116-239]

To amend the Small Business Act to improve the women's business center 
                    program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2019

  Ms. Davids of Kansas (for herself and Mr. Hagedorn) introduced the 
 following bill; which was referred to the Committee on Small Business

                            October 17, 2019

  Additional sponsors: Mr. Fitzpatrick, Mr. Evans, Ms. Houlahan, Mr. 
 Pappas, Mr. McGovern, Ms. Norton, Mr. Huffman, Mr. Case, Mr. Stauber, 
    Ms. Meng, Mr. Higgins of New York, Mr. Lujan, Ms. Escobar, Mr. 
                  Carbajal, Ms. Moore, and Ms. Stevens

                            October 17, 2019

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
To amend the Small Business Act to improve the women's business center 
                    program, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Women's Business Centers 
Improvements Act of 2019''.

SEC. 2. AMENDMENTS TO WOMEN'S BUSINESS CENTER PROGRAM.

    Section 29 of the Small Business Act (15 U.S.C. 656) is amended to 
read as follows:

``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).''.

SEC. 3. EFFECT ON EXISTING GRANTS.

    (a) Terms and Conditions.--A nonprofit organization receiving a 
grant under section 29(m) of the Small Business Act (15 U.S.C. 656(m)), 
as in effect on the day before the date of enactment of this Act, shall 
continue to receive the grant under the terms and conditions in effect 
for the grant on the day before the date of enactment of this Act, 
except that the nonprofit organization may not apply for a continuation 
of the grant under section 29(m)(5) of the Small Business Act (15 
U.S.C. 656(m)(5)), as in effect on the day before the date of enactment 
of this Act.
    (b) Length of Continuation Grant.--The Administrator of the Small 
Business Administration may award a grant under section 29 of the Small 
Business Act, as amended by this Act, to a nonprofit organization 
receiving a grant under section 29(m) of the Small Business Act (15 
U.S.C. 656(m)), as in effect on the day before the date of enactment of 
this Act, for the period--
            (1) beginning on the day after the last day of the grant 
        agreement under such section 29(m); and
            (2) ending at the end of the third fiscal year beginning 
        after the date of enactment of this Act.

SEC. 4. REGULATIONS.

    Not later than 270 days after the date of the enactment of this 
Act, the Administrator of Small Business Administration shall issue 
such rules as are necessary to carry out section 29 of the Small 
Business Act (15 U.S.C. 656), as amended by this Act, and ensure that a 
period of public comment for such rules is not less than 60 days.
                                                 Union Calendar No. 190

116th CONGRESS

  1st Session

                               H. R. 4405

                          [Report No. 116-239]

_______________________________________________________________________

                                 A BILL

To amend the Small Business Act to improve the women's business center 
                    program, and for other purposes.

_______________________________________________________________________

                            October 17, 2019

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```