116TH CONGRESS 

1ST SESSION H. R. 4405 

AN ACT 

To amend the Small Business Act to improve the women’s 

business center program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Women’s Business 

3 Centers Improvements Act of 2019’’. 

4 SEC. 2. AMENDMENTS TO WOMEN’S BUSINESS CENTER 

5 PROGRAM. 

6 Section 29 of the Small Business Act (15 U.S.C. 656) 

7 is amended to read as follows: 

8 ‘‘SEC. 29. WOMEN’S BUSINESS CENTER PROGRAM. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) ASSISTANT ADMINISTRATOR.—The term 

11 ‘Assistant Administrator’ means the Assistant Ad12 ministrator of the Office of Women’s Business Own13 ership established under subsection (k). 

14 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en15 tity’ means— 

16 ‘‘(A) an organization described in section 

17 501(c) of the Internal Revenue Code of 1986 

18 and exempt from taxation under section 501(a) 

19 of such Code; 

20 ‘‘(B) a State, regional, or local economic 

21 development organization, so long as the orga22 nization certifies that grant funds received 

23 under this section will not be commingled with 

24 other funds; 

25 ‘‘(C) an institution of higher education (as 

26 defined in section 101 of the Higher Education 
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1 Act of 1965 (20 U.S.C. 1001)), unless such in2 stitution is currently receiving a grant under 

3 section 21; 

4 ‘‘(D) a development, credit, or finance cor5 poration chartered by a State, so long as the 

6 corporation certifies that grant funds received 

7 under this section will not be commingled with 

8 other funds; or 

9 ‘‘(E) any combination of entities listed in 

10 subparagraphs (A) through (D). 

11 ‘‘(3) SMALL BUSINESS CONCERN OWNED AND

12 CONTROLLED BY WOMEN.—The term ‘small business 

13 concern owned and controlled by women’ has the 

14 meaning given under section 3(n). 

15 ‘‘(4) WOMEN’S BUSINESS CENTER.—The term 

16 ‘women’s business center’ means the location at 

17 which counseling and training on the management, 

18 operations (including manufacturing, services, and 

19 retail), access to capital, international trade, Govern20 ment procurement opportunities, and any other mat21 ter that is needed to start, maintain, or expand a 

22 small business concern owned and controlled by 

23 women. 

24 ‘‘(5) WOMEN’S BUSINESS CENTER ASSOCIA25 TION.—The term ‘Women’s Business Center Asso-
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1 ciation’ means a membership organization formed by 

2 women’s business centers to pursue matters of com3 mon concern. 

4 ‘‘(b) AUTHORITY.— 

5 ‘‘(1) ESTABLISHMENT.—There is established a 

6 Women’s Business Center Program under which the 

7 Administrator may provide a grant to any eligible 

8 entity to operate one or more women’s business cen9 ters for the benefit of small business concerns owned 

10 and controlled by women. 

11 ‘‘(2) USE OF FUNDS.—The women’s business 

12 centers shall be designed to provide counseling and 

13 training that meets the needs of the small business 

14 concerns owned and controlled by women, especially 

15 socially or economically disadvantaged women, and 

16 shall provide— 

17 ‘‘(A) financial assistance, including train18 ing and counseling in how to apply for and se19 cure business credit and investment capital, 

20 preparing and presenting financial statements, 

21 and managing cash flow and other financial op22 erations of a small business concern; 

23 ‘‘(B) management assistance, including 

24 training and counseling in how to plan, orga25 nize, staff, direct, and control each major activ-
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1 ity and function of a small business concern; 

2 and 

3 ‘‘(C) marketing assistance, including train4 ing and counseling in identifying and seg5 menting domestic and international market op6 portunities, preparing and executing marketing 

7 plans, developing pricing strategies, locating 

8 contract opportunities, negotiating contracts, 

9 and utilizing varying public relations and adver10 tising techniques. 

11 ‘‘(3) TYPES OF GRANTS.— 

12 ‘‘(A) INITIAL GRANT.—The amount of an 

13 initial grant, which shall be for a 5-year term, 

14 provided under this subsection to an eligible en15 tity shall be not more than $300,000 annually 

16 (as such amount is annually adjusted by the 

17 Administrator to reflect the change in infla18 tion). 

19 ‘‘(B) CONTINUATION GRANTS.—The Ad20 ministrator may award a continuation grant, 

21 which shall be for a 5-year term, of not more 

22 than $300,000 annually (as such amount is an23 nually adjusted by the Administrator to reflect 

24 the change in inflation) to an eligible entity 

25 that received an initial grant under subpara-
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1 graph (A). There shall be no limitation on the 

2 number of continuation grants an eligible entity 

3 may receive under this section. 

4 ‘‘(c) APPLICATION.— 

5 ‘‘(1) INITIAL GRANTS AND CONTINUATION

6 GRANTS.—To receive an initial grant or continuation 

7 grant under this section, an eligible entity shall sub8 mit an application to the Administrator in such 

9 form, in such manner, and containing such informa10 tion as the Administrator may require, including— 

11 ‘‘(A) a certification that the eligible enti12 ty— 

13 ‘‘(i) has designated an executive direc14 tor or program manager, who may be com15 pensated using grant funds awarded under 

16 this section or other sources, to manage 

17 the women’s business center for which a 

18 grant under subsection (b) is sought; and 

19 ‘‘(ii) meets accounting and reporting 

20 requirements established by the Director of 

21 the Office of Management and Budget; 

22 ‘‘(B) information demonstrating the expe23 rience and effectiveness of the eligible entity 

24 in— 
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1 ‘‘(i) providing counseling and training 

2 described under subsection (b)(2); 

3 ‘‘(ii) providing training and services to 

4 a representative number of women who are 

5 socially or economically disadvantaged; and 

6 ‘‘(iii) working with resource partners 

7 of the Administration and other entities; 

8 and 

9 ‘‘(C) a 5-year plan that— 

10 ‘‘(i) includes information relating to 

11 the assistance to be provided by the wom12 en’s business center in the area in which 

13 the women’s business center is located; 

14 ‘‘(ii) describes the ability of the eligi15 ble entity to meet the needs of the market 

16 to be served by the women’s business cen17 ter, including the ability to obtain the 

18 matching funds required under subsection 

19 (e); and 

20 ‘‘(iii) describes the ability of the eligi21 ble entity to provide counseling and train22 ing described under subsection (b)(2), in23 cluding to a representative number of 

24 women who are socially or economically 

25 disadvantaged. 
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1 ‘‘(2) RECORD RETENTION.— 

2 ‘‘(A) IN GENERAL.—The Administrator 

3 shall maintain a copy of each application sub4 mitted under this subsection for not less than 

5 5 years. 

6 ‘‘(B) PAPERWORK REDUCTION.—The Ad7 ministrator shall take steps to reduce, to the 

8 maximum extent practicable, the paperwork 

9 burden associated with carrying out subpara10 graph (A). 

11 ‘‘(d) SELECTION OF ELIGIBLE ENTITIES.— 

12 ‘‘(1) IN GENERAL.—In selecting recipients of 

13 initial grants, the Administrator shall consider— 

14 ‘‘(A) the experience of the applicant in pro15 viding entrepreneurial training; 

16 ‘‘(B) the amount of time needed for the 

17 applicant to commence operation of a women’s 

18 business center; 

19 ‘‘(C) in consultation with a Women’s Busi20 ness Center Association, the capacity of the ap21 plicant to meet the accreditation standards es22 tablished under subsection (k)(4) in a timely 

23 manner; 

24 ‘‘(D) the ability of the applicant to sustain 

25 operations, including the applicant’s ability to 
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1 obtain sufficient non-Federal funds, for a 5- 

2 year period; 

3 ‘‘(E) the proposed location of a women’s 

4 business center to be operated by the applicant 

5 and the location’s proximity to Veteran Busi6 ness Outreach Centers and to recipients of 

7 grants under section 8(b)(1) or 21; 

8 ‘‘(F) the population density of the area to 

9 be served by the women’s business center oper10 ated by the applicant; and 

11 ‘‘(G) the advice and counsel of a Women’s 

12 Business Center Association to determine areas 

13 with unmet needs and the likelihood that the 

14 recipient will become accredited. 

15 ‘‘(2) SELECTION CRITERIA.— 

16 ‘‘(A) RULEMAKING.—The Administrator 

17 shall issue regulations to specify the criteria for 

18 review and selection of applicants under this 

19 subsection. 

20 ‘‘(B) MODIFICATIONS PROHIBITED AFTER

21 ANNOUNCEMENT.—With respect to a public an22 nouncement of any opportunity to be awarded 

23 a grant under this section made by the Admin24 istrator pursuant to subsection (l)(1), the Ad25 ministrator may not modify regulations issued 
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1 pursuant to subparagraph (A) with respect to 

2 such opportunity unless required to do so by an 

3 Act of Congress or an order of a Federal court. 

4 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

5 in this paragraph may be construed as prohib6 iting the Administrator from modifying the reg7 ulations issued pursuant to subparagraph (A) 

8 (after providing an opportunity for notice and 

9 comment) as such regulations apply to an op10 portunity to be awarded a grant under this sec11 tion that the Administrator has not yet publicly 

12 announced pursuant to subsection (l)(1). 

13 ‘‘(e) MATCHING REQUIREMENTS.— 

14 ‘‘(1) IN GENERAL.—Subject to paragraph (5), 

15 upon approval of an application submitted under 

16 subsection (c), the eligible entity shall agree to ob17 tain contributions from non-Federal sources— 

18 ‘‘(A) in the first and second year of the 

19 term of an initial grant, if applicable, 1 non20 Federal dollar for each 2 Federal dollars; and 

21 ‘‘(B) in each subsequent year of the term 

22 of an initial grant, if applicable, or for the term 

23 of a continuation grant, 1 non-Federal dollar 

24 for each Federal dollar. 
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1 ‘‘(2) FORM OF MATCHING FUNDS.—Not more 

2 than one-half of non-Federal matching funds de3 scribed under paragraph (1) may be in the form of 

4 in-kind contributions that are budget line items only, 

5 including office equipment and office space. 

6 ‘‘(3) SOLICITATION.—Notwithstanding any 

7 other provision of law, an eligible entity may— 

8 ‘‘(A) solicit cash and in-kind contributions 

9 from private individuals and entities to be used 

10 to operate a women’s business center; and 

11 ‘‘(B) use amounts made available by the 

12 Administrator under this section for the cost of 

13 such solicitation and management of the con14 tributions received. 

15 ‘‘(4) DISBURSEMENT OF FUNDS.—The Admin16 istrator may disburse an amount not greater than 

17 25 percent of the total amount of a grant awarded 

18 to an eligible entity before such eligible entity ob19 tains the non-Federal matching funds described 

20 under paragraph (1). 

21 ‘‘(5) FAILURE TO OBTAIN MATCHING FUNDS.— 

22 If an eligible entity fails to obtain the required 

23 matching funds described under paragraph (1), the 

24 eligible entity may not be eligible to receive advance 

25 disbursements pursuant to paragraph (4) during the 
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1 remainder of the term, if applicable, of an initial 

2 grant awarded under this section. Before approving 

3 such eligible entity for a continuation grant under 

4 this section, the Administrator shall make a written 

5 determination, including the reasons for such deter6 mination, of whether the Administrator believes that 

7 the eligible entity will be able to obtain the requisite 

8 funding under paragraph (1) for such continuation 

9 grant. 

10 ‘‘(6) WAIVER OF NON-FEDERAL SHARE.— 

11 ‘‘(A) IN GENERAL.—Upon request by an 

12 eligible entity, and in accordance with this para13 graph, the Administrator may waive, in whole 

14 or in part, the requirement to obtain non-Fed15 eral matching funds for a grant awarded under 

16 this section for the eligible entity for a 1-year 

17 term of the grant. The Administrator may not 

18 issue such a waiver for more than a total of 2 

19 consecutive 1-year terms. 

20 ‘‘(B) CONSIDERATIONS.—In determining 

21 whether to issue a waiver under this paragraph, 

22 the Administrator shall consider— 

23 ‘‘(i) the economic conditions affecting 

24 the eligible entity; 
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1 ‘‘(ii) the demonstrated ability of the 

2 eligible entity to raise non-Federal funds; 

3 and 

4 ‘‘(iii) the performance of the eligible 

5 entity under the initial grant. 

6 ‘‘(C) LIMITATION.—The Administrator 

7 may not issue a waiver under this paragraph if 

8 the Administrator determines that granting the 

9 waiver would undermine the credibility of the 

10 Women’s Business Center Program. 

11 ‘‘(7) EXCESS NON-FEDERAL DOLLARS.—The 

12 amount of non-Federal dollars obtained by an eligi13 ble entity that is above the amount that is required 

14 to be obtained by the eligible entity under this sub15 section shall not be subject to the requirements of 

16 part 200 of title 2, Code of Federal Regulations, or 

17 any successor thereto, if such amount of non-Fed18 eral dollars— 

19 ‘‘(A) is not used as matching funds for 

20 purposes of implementing the Women’s Busi21 ness Center Program; and 

22 ‘‘(B) was not obtained using funds from 

23 the Women’s Business Center Program. 

24 ‘‘(8) CARRYOVER.—Excess non-Federal dollars 

25 described in paragraph (7) may be used to satisfy 
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1 the matching funds requirement under paragraph 

2 (1) for the subsequent 1-year grant term, if applica3 ble, except that such amounts shall be subject to the 

4 requirements of part 200 of title 2, Code of Federal 

5 Regulations, or any successor thereto. 

6 ‘‘(f) OTHER REQUIREMENTS.— 

7 ‘‘(1) SEPARATION OF FUNDS.—An eligible enti8 ty shall— 

9 ‘‘(A) operate a women’s business center 

10 under this section separately from other 

11 projects, if any, of the eligible entity; and 

12 ‘‘(B) separately maintain and account for 

13 any grants received under this section. 

14 ‘‘(2) EXAMINATION OF ELIGIBLE ENTITIES.— 

15 ‘‘(A) REQUIRED SITE VISIT.—Before re16 ceiving an initial grant under this section, each 

17 applicant shall have a site visit by an employee 

18 of the Administration, in order to ensure that 

19 the applicant has sufficient resources to provide 

20 the services for which the grant is being pro21 vided. 

22 ‘‘(B) ANNUAL REVIEW.—An employee of 

23 the Administration shall— 
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1 ‘‘(i) conduct an annual programmatic 

2 and financial examination of each eligible 

3 entity, as described in subsection (g); and 

4 ‘‘(ii) provide the results of such exam5 ination to the eligible entity. 

6 ‘‘(3) REMEDIATION OF PROBLEMS.— 

7 ‘‘(A) PLAN OF ACTION.—If an examination 

8 of an eligible entity conducted under paragraph 

9 (2)(B) identifies any problems, the eligible enti10 ty shall, within 45 calendar days of receiving a 

11 copy of the results of such examination, provide 

12 the Assistant Administrator with a plan of ac13 tion, including specific milestones, for cor14 recting such problems. 

15 ‘‘(B) PLAN OF ACTION REVIEW BY THE AS16 SISTANT ADMINISTRATOR.—The Assistant Ad17 ministrator shall review each plan of action sub18 mitted under subparagraph (A) within 30 cal19 endar days of receiving such plan. If the Assist20 ant Administrator determines that such plan— 

21 ‘‘(i) will bring the eligible entity into 

22 compliance with all the terms of the grant 

23 agreement, the Assistant Administrator 

24 shall approve such plan; or 
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1 ‘‘(ii) is inadequate to remedy the 

2 problems identified in the annual examina3 tion to which the plan of action relates, the 

4 Assistant Administrator shall set forth 

5 such reasons in writing and provide such 

6 determination to the eligible entity within 

7 15 calendar days of such determination. 

8 ‘‘(C) AMENDMENT TO PLAN OF ACTION.— 

9 An eligible entity receiving a determination 

10 under subparagraph (B)(ii) shall have 30 cal11 endar days from the receipt of the determina12 tion to amend the plan of action to satisfy the 

13 problems identified by the Assistant Adminis14 trator and resubmit such plan to the Assistant 

15 Administrator. 

16 ‘‘(D) AMENDED PLAN REVIEW BY THE AS17 SISTANT ADMINISTRATOR.—Within 15 calendar 

18 days of the receipt of an amended plan of ac19 tion under subparagraph (C), the Assistant Ad20 ministrator shall either approve or reject such 

21 plan and provide such approval or rejection in 

22 writing to the eligible entity. 

23 ‘‘(E) APPEAL OF ASSISTANT ADMINIS24 TRATOR DETERMINATION.— 
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1 ‘‘(i) IN GENERAL.—If the Assistant 

2 Administrator rejects an amended plan 

3 under subparagraph (D), the eligible entity 

4 shall have the opportunity to appeal such 

5 decision to the Administrator, who may 

6 delegate such appeal to an appropriate of7 ficer of the Administration. 

8 ‘‘(ii) OPPORTUNITY FOR EXPLA9 NATION.—Any appeal described under 

10 clause (i) shall provide an opportunity for 

11 the eligible entity to provide, in writing, an 

12 explanation of why the eligible entity’s 

13 amended plan remedies the problems iden14 tified in the annual examination conducted 

15 under paragraph (2)(B). 

16 ‘‘(iii) NOTICE OF DETERMINATION.— 

17 The Administrator shall provide to the eli18 gible entity a determination of the appeal, 

19 in writing, not later than 15 calendar days 

20 after the eligible entity files an appeal 

21 under this subparagraph. 

22 ‘‘(iv) EFFECT OF FAILURE TO ACT.— 

23 If the Administrator fails to act on an ap24 peal made under this subparagraph within 

25 the 15-day period specified under clause 
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1 (iii), the eligible entity’s amended plan of 

2 action submitted under subparagraph (C) 

3 shall be deemed to be approved. 

4 ‘‘(4) TERMINATION OF GRANT.— 

5 ‘‘(A) IN GENERAL.—The Administrator 

6 shall terminate a grant to an eligible entity 

7 under this section if the eligible entity fails to 

8 comply with— 

9 ‘‘(i) a plan of action approved by the 

10 Assistant Administrator under paragraph 

11 (3)(B)(i); or 

12 ‘‘(ii) an amended plan of action ap13 proved by the Assistant Administrator 

14 under paragraph (3)(D) or approved on 

15 appeal under paragraph (3)(E). 

16 ‘‘(B) APPEAL OF TERMINATION.—An eligi17 ble entity shall have the opportunity to chal18 lenge the termination of a grant under subpara19 graph (A) on the record and after an oppor20 tunity for a hearing. 

21 ‘‘(C) FINAL AGENCY ACTION.—A deter22 mination made pursuant to subparagraph (B) 

23 shall be considered final agency action for the 

24 purposes of chapter 7 of title 5, United States 

25 Code. 
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1 ‘‘(5) CONSULTATION WITH MAJORITY WOMEN’S

2 BUSINESS CENTER ASSOCIATION.—If a majority of 

3 women’s business centers that are operating pursu4 ant to agreements with the Administration are mem5 bers of an individual Women’s Business Center As6 sociation, the Administrator shall— 

7 ‘‘(A) recognize the existence and activities 

8 of such Association; and 

9 ‘‘(B) consult with the Association on, and 

10 negotiate with the Association in the develop11 ment of documents with respect to— 

12 ‘‘(i) announcing the annual scope of 

13 activities pursuant to this section; 

14 ‘‘(ii) requesting proposals to deliver 

15 assistance as provided in this section; and 

16 ‘‘(iii) governing the general operations 

17 and administration of women’s business 

18 centers, specifically including the develop19 ment of regulations and a uniform nego20 tiated cooperative agreement for use on an 

21 annual basis when entering into individual 

22 negotiated agreements with women’s busi23 ness centers. 

24 ‘‘(g) PROGRAM EXAMINATION.— 

25 ‘‘(1) IN GENERAL.—The Administration shall— 
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1 ‘‘(A) develop and implement an annual 

2 programmatic and financial examination of 

3 each eligible entity receiving a grant under this 

4 section, under which each such eligible entity 

5 shall provide to the Administration— 

6 ‘‘(i) an itemized cost breakdown of ac7 tual expenditures for costs incurred during 

8 the preceding year; and 

9 ‘‘(ii) documentation regarding the 

10 amount of matching assistance from non11 Federal sources obtained and expended by 

12 the eligible entity during the preceding 

13 year in order to meet the requirements of 

14 subsection (e) and, with respect to any in15 kind contributions described in subsection 

16 (e)(2) that were used to satisfy the re17 quirements of subsection (e), verification of 

18 the existence and valuation of those con19 tributions; and 

20 ‘‘(B) analyze the results of each such ex21 amination and, based on that analysis, make a 

22 determination regarding the programmatic and 

23 financial viability of each women’s business cen24 ter operated by the eligible entity. 
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1 ‘‘(2) CONDITIONS FOR CONTINUED FUNDING.— 

2 In determining whether to award a continuation 

3 grant to an eligible entity, the Administrator— 

4 ‘‘(A) shall consider the results of the most 

5 recent examination of the eligible entity under 

6 paragraph (1); 

7 ‘‘(B) shall determine if— 

8 ‘‘(i) the eligible entity has failed to 

9 provide, or provided inadequate, informa10 tion under paragraph (1)(A); or 

11 ‘‘(ii) the eligible entity has failed to 

12 provide any information required to be pro13 vided by the women’s business center for 

14 purposes of the management report under 

15 subsection (m)(1), or the information pro16 vided by the center is inadequate; and 

17 ‘‘(C) shall consider the accreditation status 

18 as described in subsection (k)(4). 

19 ‘‘(h) NOTICE AND COMMENT REQUIRED.—The Ad20 ministrator may only make a change to the standards by 

21 which an eligible entity obtains or maintains grants under 

22 this section, the standards for accreditation, or any other 

23 requirement for the operation of a women’s business cen24 ter if the Administrator first provides notice and the op25 portunity for public comment, as set forth in section 
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1 553(b) of title 5, United States Code, without regard to 

2 any exceptions provided for under such section. 

3 ‘‘(i) CONTRACT AUTHORITY.— 

4 ‘‘(1) ELIGIBLE ENTITY.—An eligible entity that 

5 receives a grant under this section may enter into a 

6 contract with a Federal department or agency to 

7 provide specific assistance to small business concerns 

8 owned and controlled by women and other under9 served small business concerns, if performance of 

10 such a contract does not hinder the ability of the eli11 gible entity to carry out the terms of a grant re12 ceived under this section. 

13 ‘‘(2) ADMINISTRATOR.—The authority of the 

14 Administrator to enter into contracts shall be in ef15 fect for each fiscal year only to the extent and in the 

16 amounts as are provided in advance in appropria17 tions Acts. After the Administrator has entered into 

18 a contract, either as a grant or a cooperative agree19 ment, with any applicant under this section, the Ad20 ministrator shall not suspend, terminate, or fail to 

21 renew or extend any such contract unless the Ad22 ministrator provides the applicant with written noti23 fication setting forth the reasons therefore and af24 fords the applicant an opportunity for a hearing, ap-
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1 peal, or other administrative proceeding under chap2 ter 5 of title 5, United States Code. 

3 ‘‘(j) PRIVACY REQUIREMENTS.— 

4 ‘‘(1) IN GENERAL.—A women’s business center 

5 may not disclose the name, address, or telephone 

6 number of any individual or small business concern 

7 receiving assistance under this section without the 

8 consent of such individual or small business concern, 

9 unless— 

10 ‘‘(A) the Administrator orders such disclo11 sure after the Administrator is ordered to make 

12 such a disclosure by a court in any civil or 

13 criminal enforcement action initiated by a Fed14 eral or State agency; or 

15 ‘‘(B) the Administrator considers such a 

16 disclosure to be necessary for the purpose of 

17 conducting a financial audit of a women’s busi18 ness center, except that such a disclosure shall 

19 be limited to the information necessary for such 

20 audit. 

21 ‘‘(2) ADMINISTRATION USE OF INFORMATION.— 

22 This subsection shall not— 

23 ‘‘(A) restrict Administration access to 

24 women’s business center data; or 
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1 ‘‘(B) prevent the Administration from 

2 using information about individuals who use 

3 women’s business centers to conduct surveys of 

4 such individuals. 

5 ‘‘(3) REGULATIONS.—The Administrator shall 

6 issue regulations to establish standards for disclo7 sures for purposes of a financial audit described 

8 under paragraph (1)(B). 

9 ‘‘(k) OFFICE OF WOMEN’S BUSINESS OWNERSHIP.— 

10 ‘‘(1) ESTABLISHMENT.—There is established 

11 within the Administration an Office of Women’s 

12 Business Ownership, which shall be responsible for 

13 the administration of the Administration’s programs 

14 for the development of women’s business enterprises 

15 (as defined in section 408 of the Women’s Business 

16 Ownership Act of 1988). The Office of Women’s 

17 Business Ownership shall be administered by an As18 sistant Administrator, who shall be appointed by the 

19 Administrator. 

20 ‘‘(2) ASSISTANT ADMINISTRATOR OF THE OF21 FICE OF WOMEN’S BUSINESS OWNERSHIP.— 

22 ‘‘(A) QUALIFICATION.—The position of As23 sistant Administrator shall be a Senior Execu24 tive Service position under section 3132(a)(2) 

25 of title 5, United States Code. The Assistant 
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1 Administrator shall serve as a noncareer ap2 pointee (as defined in section 3132(a)(7) of 

3 that title). 

4 ‘‘(B) DUTIES.—The Assistant Adminis5 trator shall administer the programs and serv6 ices of the Office of Women’s Business Owner7 ship and perform the following functions: 

8 ‘‘(i) Recommend the annual adminis9 trative and program budgets of the Office 

10 and eligible entities receiving a grant 

11 under the Women’s Business Center Pro12 gram. 

13 ‘‘(ii) Review the annual budgets sub14 mitted by each eligible entity receiving a 

15 grant under the Women’s Business Center 

16 Program. 

17 ‘‘(iii) Collaborate with other Federal 

18 departments and agencies, State and local 

19 governments, not-for-profit organizations, 

20 and for-profit organizations to maximize 

21 utilization of taxpayer dollars and reduce 

22 (or eliminate) any duplication among the 

23 programs overseen by the Office of Wom24 en’s Business Ownership and those of 
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1 other entities that provide similar services 

2 to women entrepreneurs. 

3 ‘‘(iv) Maintain a clearinghouse to pro4 vide for the dissemination and exchange of 

5 information between women’s business cen6 ters. 

7 ‘‘(v) Serve as the vice chairperson of 

8 the Interagency Committee on Women’s 

9 Business Enterprise and as the liaison for 

10 the National Women’s Business Council. 

11 ‘‘(3) MISSION.—The mission of the Office of 

12 Women’s Business Ownership shall be to assist 

13 women entrepreneurs to start, grow, and compete in 

14 global markets by providing quality support with ac15 cess to capital, access to markets, job creation, 

16 growth, and counseling by— 

17 ‘‘(A) fostering participation of women en18 trepreneurs in the economy by overseeing a net19 work of women’s business centers throughout 

20 States and territories; 

21 ‘‘(B) creating public-private partnerships 

22 to support women entrepreneurs and conduct 

23 outreach and education to small business con24 cerns owned and controlled by women; and 
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1 ‘‘(C) working with other programs of the 

2 Administrator to— 

3 ‘‘(i) ensure women are well-rep4 resented in those programs and being 

5 served by those programs; and 

6 ‘‘(ii) identify gaps where participation 

7 by women in those programs could be in8 creased. 

9 ‘‘(4) ACCREDITATION PROGRAM.— 

10 ‘‘(A) ESTABLISHMENT.—Not later than 

11 270 days after the date of enactment of this 

12 paragraph, the Administrator shall publish 

13 standards for a program to accredit eligible en14 tities that receive a grant under this section. 

15 ‘‘(B) PUBLIC COMMENT; TRANSITION.— 

16 Before publishing the standards under subpara17 graph (A), the Administrator— 

18 ‘‘(i) shall provide a period of not less 

19 than 60 days for public comment on such 

20 standards; and 

21 ‘‘(ii) may not terminate a grant under 

22 this section absent evidence of fraud or 

23 other criminal misconduct by the recipient. 

24 ‘‘(C) CONTRACTING AUTHORITY.—The Ad25 ministrator may provide financial support, by 
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1 contract or otherwise, to a Women’s Business 

2 Center Association to provide assistance in es3 tablishing the standards required under sub4 paragraph (A) or for carrying out an accredita5 tion program pursuant to such standards. 

6 ‘‘(5) CONTINUATION GRANT CONSIDER7 ATIONS.— 

8 ‘‘(A) IN GENERAL.—In determining wheth9 er to award a continuation grant under this sec10 tion, the Administrator shall consider the re11 sults of the annual programmatic and financial 

12 examination conducted under subsection (g) 

13 and the accreditation program. 

14 ‘‘(B) ACCREDITATION REQUIREMENT.— 

15 After the end of the 2-year period beginning on 

16 the date of enactment of this subsection, the 

17 Administration may not award a continuation 

18 grant under this section unless the applicable 

19 eligible entity has been approved under the ac20 creditation program conducted pursuant to this 

21 subsection, except that the Assistant Adminis22 trator for the Office of Women’s Business Own23 ership may waive such accreditation require24 ment, in the discretion of the Assistant Admin25 istrator, upon a showing that the eligible entity 
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1 is making a good faith effort to obtain accredi2 tation. 

3 ‘‘(6) ANNUAL CONFERENCE.—Each women’s 

4 business center shall participate in annual profes5 sional development at an annual conference facili6 tated by a Women’s Business Center Association. 

7 ‘‘(l) NOTIFICATION REQUIREMENTS UNDER THE

8 WOMEN’S BUSINESS CENTER PROGRAM.—The Adminis9 trator shall provide the following: 

10 ‘‘(1) A public announcement of any opportunity 

11 to be awarded grants under this section, to include 

12 the selection criteria under subsection (d) and any 

13 applicable regulations. 

14 ‘‘(2) To any applicant for a grant under this 

15 section that failed to obtain such a grant, an oppor16 tunity to debrief with the Administrator to review 

17 the reasons for the applicant’s failure. 

18 ‘‘(3) To an eligible entity that receives an initial 

19 grant under this section, if a site visit or review of 

20 the eligible entity is carried out by an officer or em21 ployee of the Administration (other than the Inspec22 tor General), a copy of the site visit report or eval23 uation, as applicable, within 30 calendar days of the 

24 completion of such visit or evaluation. 

25 ‘‘(m) ANNUAL MANAGEMENT REPORT.— 
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1 ‘‘(1) IN GENERAL.—The Administrator shall 

2 prepare and submit to the Committee on Small 

3 Business of the House of Representatives and the 

4 Committee on Small Business and Entrepreneurship 

5 of the Senate an annual report on the effectiveness 

6 of women’s business centers operated through a 

7 grant awarded under this section. 

8 ‘‘(2) CONTENTS.—Each report submitted under 

9 paragraph (1) shall include— 

10 ‘‘(A) information concerning, with respect 

11 to each women’s business center established 

12 pursuant to a grant awarded under this section, 

13 the most recent analysis of the annual pro14 grammatic and financial examination of the ap15 plicable eligible entity, as required under sub16 section (g)(1)(B), and the subsequent deter17 mination made by the Administration under 

18 that subsection; 

19 ‘‘(B) the number of persons advised and 

20 trained through the Women’s Business Center 

21 Program; 

22 ‘‘(C) the total number of hours of advising 

23 and training through the Program; 
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1 ‘‘(D) the demographics of Program partici2 pants to include gender, race, and age of each 

3 such participant; 

4 ‘‘(E) the number of Program participants 

5 who are veterans; 

6 ‘‘(F) the number of new businesses started 

7 by participants in the Program; 

8 ‘‘(G) to the extent practicable, the number 

9 of jobs supported, created or retained with as10 sistance from women’s business centers; 

11 ‘‘(H) the amount of capital secured by par12 ticipants in the Program, including through 

13 loans and equity investment; 

14 ‘‘(I) the number of participants in the Pro15 gram receiving financial assistance, including 

16 the type and dollar amount, under the loan pro17 grams of the Administration; 

18 ‘‘(J) an estimate of gross receipts, includ19 ing to the extent practicable a description of 

20 any change in revenue of small business con21 cerns assisted through the Program; 

22 ‘‘(K) to the maximum extent practicable, 

23 increases or decreases in revenues for the as24 sisted small business concerns; 
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1 ‘‘(L) the number of referrals made to other 

2 resources and programs of the Administration; 

3 ‘‘(M) the results of satisfaction surveys of 

4 participants, including a summary of any com5 ments received from such participants; and 

6 ‘‘(N) any recommendations by the Admin7 istrator to improve the delivery of services by 

8 women’s business centers. 

9 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.— 

10 ‘‘(1) IN GENERAL.—There are authorized to be 

11 appropriated to the Administration to carry out this 

12 section, to remain available until expended, 

13 $31,500,000 for each of fiscal years 2020 through 

14 2023. 

15 ‘‘(2) USE OF AMOUNTS.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), amounts made available 

18 under this subsection for fiscal year 2020, and 

19 each fiscal year thereafter, may only be used for 

20 grant awards and may not be used for costs in21 curred by the Administration in connection with 

22 the management and administration of the pro23 gram under this section. 

24 ‘‘(B) EXCEPTIONS.—Of the amount made 

25 available under this subsection for a fiscal year, 
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1 the following amounts shall be available for 

2 costs incurred by the Administration in connec3 tion with the management and administration 

4 of the program under this section: 

5 ‘‘(i) For the first fiscal year beginning 

6 after the date of the enactment of this sub7 paragraph, 2.65 percent. 

8 ‘‘(ii) For the second fiscal year begin9 ning after the date of the enactment of 

10 this subparagraph and each fiscal year 

11 thereafter through fiscal year 2023, 2.5 

12 percent. 

13 ‘‘(3) EXPEDITED ACQUISITION.—Notwith14 standing any other provision of law, the Adminis15 trator may use such expedited acquisition methods 

16 as the Administrator determines to be appropriate to 

17 carry out this section, except that the Administrator 

18 shall ensure that all small business sources are pro19 vided a reasonable opportunity to submit proposals. 

20 ‘‘(4) ACCREDITATION AND ANNUAL CON21 FERENCE.—Not less than $500,000 of the amounts 

22 appropriated pursuant to paragraph (1) for a fiscal 

23 year shall be available for purposes of carrying out 

24 subsection (k), of which no less than $50,000 shall 
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1 be available to support an annual conference de2 scribed under subsection (k)(6).’’. 

3 SEC. 3. EFFECT ON EXISTING GRANTS. 

4 (a) TERMS AND CONDITIONS.—A nonprofit organiza5 tion receiving a grant under section 29(m) of the Small 

6 Business Act (15 U.S.C. 656(m)), as in effect on the day 

7 before the date of enactment of this Act, shall continue 

8 to receive the grant under the terms and conditions in ef9 fect for the grant on the day before the date of enactment 

10 of this Act, except that the nonprofit organization may 

11 not apply for a continuation of the grant under section 

12 29(m)(5) of the Small Business Act (15 U.S.C. 

13 656(m)(5)), as in effect on the day before the date of en14 actment of this Act. 

15 (b) LENGTH OF CONTINUATION GRANT.—The Ad16 ministrator of the Small Business Administration may 

17 award a grant under section 29 of the Small Business Act, 

18 as amended by this Act, to a nonprofit organization receiv19 ing a grant under section 29(m) of the Small Business 

20 Act (15 U.S.C. 656(m)), as in effect on the day before 

21 the date of enactment of this Act, for the period— 

22 (1) beginning on the day after the last day of 

23 the grant agreement under such section 29(m); and 

24 (2) ending at the end of the third fiscal year be25 ginning after the date of enactment of this Act. 
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1 SEC. 4. REGULATIONS. 

2 Not later than 270 days after the date of the enact3 ment of this Act, the Administrator of Small Business Ad4 ministration shall issue such rules as are necessary to 

5 carry out section 29 of the Small Business Act (15 U.S.C. 

6 656), as amended by this Act, and ensure that a period 

7 of public comment for such rules is not less than 60 days. 

Passed the House of Representatives October 21, 

2019. 

Attest: 

Clerk. 
116TH CONGRESS 

1ST SESSION H. R. 4405 

AN ACT 

To amend the Small Business Act to improve the 

purposes. women’s business center program, and for other