IB 

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. LUJA ́N, 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 


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A BILL 

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

business center program, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Centers Improvements Act of 2019’’. 

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

7 PROGRAM. 

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

9 is amended to read as follows: 

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

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

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

13 ‘Assistant Administrator’ means the Assistant Ad14 ministrator of the Office of Women’s Business Own15 ership established under subsection (k). 

16 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en17 tity’ means— 

18 ‘‘(A) an organization described in section 

19 501(c) of the Internal Revenue Code of 1986 

20 and exempt from taxation under section 501(a) 

21 of such Code; 

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

23 development organization, so long as the orga24 nization certifies that grant funds received 


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1 under this section will not be commingled with 

2 other funds; 

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

4 defined in section 101 of the Higher Education 

5 Act of 1965 (20 U.S.C. 1001)), unless such in6 stitution is currently receiving a grant under 

7 section 21; 

8 ‘‘(D) a development, credit, or finance cor9 poration chartered by a State, so long as the 

10 corporation certifies that grant funds received 

11 under this section will not be commingled with 

12 other funds; or 

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

14 subparagraphs (A) through (D). 

15 ‘‘(3) SMALL BUSINESS CONCERN OWNED AND

16 CONTROLLED BY WOMEN.—The term ‘small business 

17 concern owned and controlled by women’ has the 

18 meaning given under section 3(n). 

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

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

21 which counseling and training on the management, 

22 operations (including manufacturing, services, and 

23 retail), access to capital, international trade, Govern24 ment procurement opportunities, and any other mat25 ter that is needed to start, maintain, or expand a 


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1 small business concern owned and controlled by 

2 women. 

3 ‘‘(5) WOMEN’S BUSINESS CENTER ASSOCIA4 TION.—The term ‘Women’s Business Center Asso5 ciation’ means a membership organization formed by 

6 women’s business centers to pursue matters of com7 mon concern. 

8 ‘‘(b) AUTHORITY.— 

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

10 Women’s Business Center Program under which the 

11 Administrator may provide a grant to any eligible 

12 entity to operate one or more women’s business cen13 ters for the benefit of small business concerns owned 

14 and controlled by women. 

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

16 centers shall be designed to provide counseling and 

17 training that meets the needs of the small business 

18 concerns owned and controlled by women, especially 

19 socially or economically disadvantaged women, and 

20 shall provide— 

21 ‘‘(A) financial assistance, including train22 ing and counseling in how to apply for and se23 cure business credit and investment capital, 

24 preparing and presenting financial statements, 


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1 and managing cash flow and other financial op2 erations of a small business concern; 

3 ‘‘(B) management assistance, including 

4 training and counseling in how to plan, orga5 nize, staff, direct, and control each major activ6 ity and function of a small business concern; 

7 and 

8 ‘‘(C) marketing assistance, including train9 ing and counseling in identifying and seg10 menting domestic and international market op11 portunities, preparing and executing marketing 

12 plans, developing pricing strategies, locating 

13 contract opportunities, negotiating contracts, 

14 and utilizing varying public relations and adver15 tising techniques. 

16 ‘‘(3) TYPES OF GRANTS.— 

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

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

19 provided under this subsection to an eligible en20 tity shall be not more than $300,000 annually 

21 (as such amount is annually adjusted by the 

22 Administrator to reflect the change in infla23 tion). 

24 ‘‘(B) CONTINUATION GRANTS.—The Ad25 ministrator may award a continuation grant, 


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

2 than $300,000 annually (as such amount is an3 nually adjusted by the Administrator to reflect 

4 the change in inflation) to an eligible entity 

5 that received an initial grant under subpara6 graph (A). There shall be no limitation on the 

7 number of continuation grants an eligible entity 

8 may receive under this section. 

9 ‘‘(c) APPLICATION.— 

10 ‘‘(1) INITIAL GRANTS AND CONTINUATION

11 GRANTS.—To receive an initial grant or continuation 

12 grant under this section, an eligible entity shall sub13 mit an application to the Administrator in such 

14 form, in such manner, and containing such informa15 tion as the Administrator may require, including— 

16 ‘‘(A) a certification that the eligible enti17 ty— 

18 ‘‘(i) has designated an executive direc19 tor or program manager, who may be com20 pensated using grant funds awarded under 

21 this section or other sources, to manage 

22 the women’s business center for which a 

23 grant under subsection (b) is sought; and 


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1 ‘‘(ii) meets accounting and reporting 

2 requirements established by the Director of 

3 the Office of Management and Budget; 

4 ‘‘(B) information demonstrating the expe5 rience and effectiveness of the eligible entity 

6 in— 

7 ‘‘(i) providing counseling and training 

8 described under subsection (b)(2); 

9 ‘‘(ii) providing training and services to 

10 a representative number of women who are 

11 socially or economically disadvantaged; and 

12 ‘‘(iii) working with resource partners 

13 of the Administration and other entities; 

14 and 

15 ‘‘(C) a 5-year plan that— 

16 ‘‘(i) includes information relating to 

17 the assistance to be provided by the wom18 en’s business center in the area in which 

19 the women’s business center is located; 

20 ‘‘(ii) describes the ability of the eligi21 ble entity to meet the needs of the market 

22 to be served by the women’s business cen23 ter, including the ability to obtain the 

24 matching funds required under subsection 

25 (e); and 


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1 ‘‘(iii) describes the ability of the eligi2 ble entity to provide counseling and train3 ing described under subsection (b)(2), in4 cluding to a representative number of 

5 women who are socially or economically 

6 disadvantaged. 

7 ‘‘(2) RECORD RETENTION.— 

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

9 shall maintain a copy of each application sub10 mitted under this subsection for not less than 

11 5 years. 

12 ‘‘(B) PAPERWORK REDUCTION.—The Ad13 ministrator shall take steps to reduce, to the 

14 maximum extent practicable, the paperwork 

15 burden associated with carrying out subpara16 graph (A). 

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

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

19 initial grants, the Administrator shall consider— 

20 ‘‘(A) the experience of the applicant in pro21 viding entrepreneurial training; 

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

23 applicant to commence operation of a women’s 

24 business center; 


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1 ‘‘(C) in consultation with a Women’s Busi2 ness Center Association, the capacity of the ap3 plicant to meet the accreditation standards es4 tablished under subsection (k)(4) in a timely 

5 manner; 

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

7 operations, including the applicant’s ability to 

8 obtain sufficient non-Federal funds, for a 5- 

9 year period; 

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

11 business center to be operated by the applicant 

12 and the location’s proximity to Veteran Busi13 ness Outreach Centers and to recipients of 

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

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

16 be served by the women’s business center oper17 ated by the applicant; and 

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

19 Business Center Association to determine areas 

20 with unmet needs and the likelihood that the 

21 recipient will become accredited. 

22 ‘‘(2) SELECTION CRITERIA.— 

23 ‘‘(A) RULEMAKING.—The Administrator 

24 shall issue regulations to specify the criteria for 


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1 review and selection of applicants under this 

2 subsection. 

3 ‘‘(B) MODIFICATIONS PROHIBITED AFTER

4 ANNOUNCEMENT.—With respect to a public an5 nouncement of any opportunity to be awarded 

6 a grant under this section made by the Admin7 istrator pursuant to subsection (l)(1), the Ad8 ministrator may not modify regulations issued 

9 pursuant to subparagraph (A) with respect to 

10 such opportunity unless required to do so by an 

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

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

13 in this paragraph may be construed as prohib14 iting the Administrator from modifying the reg15 ulations issued pursuant to subparagraph (A) 

16 (after providing an opportunity for notice and 

17 comment) as such regulations apply to an op18 portunity to be awarded a grant under this sec19 tion that the Administrator has not yet publicly 

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

21 ‘‘(e) MATCHING REQUIREMENTS.— 

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

23 upon approval of an application submitted under 

24 subsection (c), the eligible entity shall agree to ob25 tain contributions from non-Federal sources— 


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

2 term of an initial grant, if applicable, 1 non3 Federal dollar for each 2 Federal dollars; and 

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

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

6 of a continuation grant, 1 non-Federal dollar 

7 for each Federal dollar. 

8 ‘‘(2) FORM OF MATCHING FUNDS.—Not more 

9 than one-half of non-Federal matching funds de10 scribed under paragraph (1) may be in the form of 

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

12 including office equipment and office space. 

13 ‘‘(3) SOLICITATION.—Notwithstanding any 

14 other provision of law, an eligible entity may— 

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

16 from private individuals and entities to be used 

17 to operate a women’s business center; and 

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

19 Administrator under this section for the cost of 

20 such solicitation and management of the con21 tributions received. 

22 ‘‘(4) DISBURSEMENT OF FUNDS.—The Admin23 istrator may disburse an amount not greater than 

24 25 percent of the total amount of a grant awarded 

25 to an eligible entity before such eligible entity obVerDate Sep 11 2014 23:22 Oct 17, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4405.RH H4405

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1 tains the non-Federal matching funds described 

2 under paragraph (1). 

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

4 If an eligible entity fails to obtain the required 

5 matching funds described under paragraph (1), the 

6 eligible entity may not be eligible to receive advance 

7 disbursements pursuant to paragraph (4) during the 

8 remainder of the term, if applicable, of an initial 

9 grant awarded under this section. Before approving 

10 such eligible entity for a continuation grant under 

11 this section, the Administrator shall make a written 

12 determination, including the reasons for such deter13 mination, of whether the Administrator believes that 

14 the eligible entity will be able to obtain the requisite 

15 funding under paragraph (1) for such continuation 

16 grant. 

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

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

19 eligible entity, and in accordance with this para20 graph, the Administrator may waive, in whole 

21 or in part, the requirement to obtain non-Fed22 eral matching funds for a grant awarded under 

23 this section for the eligible entity for a one-year 

24 term of the grant. The Administrator may not 


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

2 consecutive one-year terms. 

3 ‘‘(B) CONSIDERATIONS.—In determining 

4 whether to issue a waiver under this paragraph, 

5 the Administrator shall consider— 

6 ‘‘(i) the economic conditions affecting 

7 the eligible entity; 

8 ‘‘(ii) the demonstrated ability of the 

9 eligible entity to raise non-Federal funds; 

10 and 

11 ‘‘(iii) the performance of the eligible 

12 entity under the initial grant. 

13 ‘‘(C) LIMITATION.—The Administrator 

14 may not issue a waiver under this paragraph if 

15 the Administrator determines that granting the 

16 waiver would undermine the credibility of the 

17 Women’s Business Center Program. 

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

19 amount of non-Federal dollars obtained by an eligi20 ble entity that is above the amount that is required 

21 to be obtained by the eligible entity under this sub22 section shall not be subject to the requirements of 

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

24 any successor thereto, if such amount of non-Fed25 eral dollars— 


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

2 purposes of implementing the Women’s Busi3 ness Center Program; and 

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

5 the Women’s Business Center Program. 

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

7 described in paragraph (7) may be used to satisfy 

8 the matching funds requirement under paragraph 

9 (1) for the subsequent one-year grant term, if appli10 cable, except that such amounts shall be subject to 

11 the requirements of part 200 of title 2, Code of Fed12 eral Regulations, or any successor thereto. 

13 ‘‘(f) OTHER REQUIREMENTS.— 

14 ‘‘(1) SEPARATION OF FUNDS.—An eligible enti15 ty shall— 

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

17 under this section separately from other 

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

19 ‘‘(B) separately maintain and account for 

20 any grants received under this section. 

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

22 ‘‘(A) REQUIRED SITE VISIT.—Before re23 ceiving an initial grant under this section, each 

24 applicant shall have a site visit by an employee 

25 of the Administration, in order to ensure that 


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1 the applicant has sufficient resources to provide 

2 the services for which the grant is being pro3 vided. 

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

5 the Administration shall— 

6 ‘‘(i) conduct an annual programmatic 

7 and financial examination of each eligible 

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

9 ‘‘(ii) provide the results of such exam10 ination to the eligible entity. 

11 ‘‘(3) REMEDIATION OF PROBLEMS.— 

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

13 of an eligible entity conducted under paragraph 

14 (2)(B) identifies any problems, the eligible enti15 ty shall, within 45 calendar days of receiving a 

16 copy of the results of such examination, provide 

17 the Assistant Administrator with a plan of ac18 tion, including specific milestones, for cor19 recting such problems. 

20 ‘‘(B) PLAN OF ACTION REVIEW BY THE AS21 SISTANT ADMINISTRATOR.—The Assistant Ad22 ministrator shall review each plan of action sub23 mitted under subparagraph (A) within 30 cal24 endar days of receiving such plan. If the Assist25 ant Administrator determines that such plan— 


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

2 compliance with all the terms of the grant 

3 agreement, the Assistant Administrator 

4 shall approve such plan; or 

5 ‘‘(ii) is inadequate to remedy the 

6 problems identified in the annual examina7 tion to which the plan of action relates, the 

8 Assistant Administrator shall set forth 

9 such reasons in writing and provide such 

10 determination to the eligible entity within 

11 15 calendar days of such determination. 

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

13 An eligible entity receiving a determination 

14 under subparagraph (B)(ii) shall have 30 cal15 endar days from the receipt of the determina16 tion to amend the plan of action to satisfy the 

17 problems identified by the Assistant Adminis18 trator and resubmit such plan to the Assistant 

19 Administrator. 

20 ‘‘(D) AMENDED PLAN REVIEW BY THE AS21 SISTANT ADMINISTRATOR.—Within 15 calendar 

22 days of the receipt of an amended plan of ac23 tion under subparagraph (C), the Assistant Ad24 ministrator shall either approve or reject such 


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1 plan and provide such approval or rejection in 

2 writing to the eligible entity. 

3 ‘‘(E) APPEAL OF ASSISTANT ADMINIS4 TRATOR DETERMINATION.— 

5 ‘‘(i) IN GENERAL.—If the Assistant 

6 Administrator rejects an amended plan 

7 under subparagraph (D), the eligible entity 

8 shall have the opportunity to appeal such 

9 decision to the Administrator, who may 

10 delegate such appeal to an appropriate of11 ficer of the Administration. 

12 ‘‘(ii) OPPORTUNITY FOR EXPLA13 NATION.—Any appeal described under 

14 clause (i) shall provide an opportunity for 

15 the eligible entity to provide, in writing, an 

16 explanation of why the eligible entity’s 

17 amended plan remedies the problems iden18 tified in the annual examination conducted 

19 under paragraph (2)(B). 

20 ‘‘(iii) NOTICE OF DETERMINATION.— 

21 The Administrator shall provide to the eli22 gible entity a determination of the appeal, 

23 in writing, not later than 15 calendar days 

24 after the eligible entity files an appeal 

25 under this subparagraph. 


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1 ‘‘(iv) EFFECT OF FAILURE TO ACT.— 

2 If the Administrator fails to act on an ap3 peal made under this subparagraph within 

4 the 15-day period specified under clause 

5 (iii), the eligible entity’s amended plan of 

6 action submitted under subparagraph (C) 

7 shall be deemed to be approved. 

8 ‘‘(4) TERMINATION OF GRANT.— 

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

10 shall terminate a grant to an eligible entity 

11 under this section if the eligible entity fails to 

12 comply with— 

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

14 Assistant Administrator under paragraph 

15 (3)(B)(i); or 

16 ‘‘(ii) an amended plan of action ap17 proved by the Assistant Administrator 

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

19 appeal under paragraph (3)(E). 

20 ‘‘(B) APPEAL OF TERMINATION.—An eligi21 ble entity shall have the opportunity to chal22 lenge the termination of a grant under subpara23 graph (A) on the record and after an oppor24 tunity for a hearing. 


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1 ‘‘(C) FINAL AGENCY ACTION.—A deter2 mination made pursuant to subparagraph (B) 

3 shall be considered final agency action for the 

4 purposes of chapter 7 of title 5, United States 

5 Code. 

6 ‘‘(5) CONSULTATION WITH MAJORITY WOMEN’S

7 BUSINESS CENTER ASSOCIATION.—If a majority of 

8 women’s business centers that are operating pursu9 ant to agreements with the Administration are mem10 bers of an individual Women’s Business Center As11 sociation, the Administrator shall— 

12 ‘‘(A) recognize the existence and activities 

13 of such Association; and 

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

15 negotiate with the Association in the develop16 ment of documents with respect to— 

17 ‘‘(i) announcing the annual scope of 

18 activities pursuant to this section; 

19 ‘‘(ii) requesting proposals to deliver 

20 assistance as provided in this section; and 

21 ‘‘(iii) governing the general operations 

22 and administration of women’s business 

23 centers, specifically including the develop24 ment of regulations and a uniform nego25 tiated cooperative agreement for use on an 


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1 annual basis when entering into individual 

2 negotiated agreements with women’s busi3 ness centers. 

4 ‘‘(g) PROGRAM EXAMINATION.— 

5 ‘‘(1) IN GENERAL.—The Administration shall— 

6 ‘‘(A) develop and implement an annual 

7 programmatic and financial examination of 

8 each eligible entity receiving a grant under this 

9 section, under which each such eligible entity 

10 shall provide to the Administration— 

11 ‘‘(i) an itemized cost breakdown of ac12 tual expenditures for costs incurred during 

13 the preceding year; and 

14 ‘‘(ii) documentation regarding the 

15 amount of matching assistance from non16 Federal sources obtained and expended by 

17 the eligible entity during the preceding 

18 year in order to meet the requirements of 

19 subsection (e) and, with respect to any in20 kind contributions described in subsection 

21 (e)(2) that were used to satisfy the re22 quirements of subsection (e), verification of 

23 the existence and valuation of those con24 tributions; and 


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1 ‘‘(B) analyze the results of each such ex2 amination and, based on that analysis, make a 

3 determination regarding the programmatic and 

4 financial viability of each women’s business cen5 ter operated by the eligible entity. 

6 ‘‘(2) CONDITIONS FOR CONTINUED FUNDING.— 

7 In determining whether to award a continuation 

8 grant to an eligible entity, the Administrator— 

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

10 recent examination of the eligible entity under 

11 paragraph (1); 

12 ‘‘(B) shall determine if— 

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

14 provide, or provided inadequate, informa15 tion under paragraph (1)(A); or 

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

17 provide any information required to be pro18 vided by the women’s business center for 

19 purposes of the management report under 

20 subsection (m)(1), or the information pro21 vided by the center is inadequate; and 

22 ‘‘(C) shall consider the accreditation status 

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

24 ‘‘(h) NOTICE AND COMMENT REQUIRED.—The Ad25 ministrator may only make a change to the standards by 


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1 which an eligible entity obtains or maintains grants under 

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

3 requirement for the operation of a women’s business cen4 ter if the Administrator first provides notice and the op5 portunity for public comment, as set forth in section 

6 553(b) of title 5, United States Code, without regard to 

7 any exceptions provided for under such section. 

8 ‘‘(i) CONTRACT AUTHORITY.— 

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

10 receives a grant under this section may enter into a 

11 contract with a Federal department or agency to 

12 provide specific assistance to small business concerns 

13 owned and controlled by women and other under14 served small business concerns, if performance of 

15 such a contract does not hinder the ability of the eli16 gible entity to carry out the terms of a grant re17 ceived under this section. 

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

19 Administrator to enter into contracts shall be in ef20 fect for each fiscal year only to the extent and in the 

21 amounts as are provided in advance in appropria22 tions Acts. After the Administrator has entered into 

23 a contract, either as a grant or a cooperative agree24 ment, with any applicant under this section, the Ad25 ministrator shall not suspend, terminate, or fail to 


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1 renew or extend any such contract unless the Ad2 ministrator provides the applicant with written noti3 fication setting forth the reasons therefore and af4 fords the applicant an opportunity for a hearing, ap5 peal, or other administrative proceeding under chap6 ter 5 of title 5, United States Code. 

7 ‘‘(j) PRIVACY REQUIREMENTS.— 

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

9 may not disclose the name, address, or telephone 

10 number of any individual or small business concern 

11 receiving assistance under this section without the 

12 consent of such individual or small business concern, 

13 unless— 

14 ‘‘(A) the Administrator orders such disclo15 sure after the Administrator is ordered to make 

16 such a disclosure by a court in any civil or 

17 criminal enforcement action initiated by a Fed18 eral or State agency; or 

19 ‘‘(B) the Administrator considers such a 

20 disclosure to be necessary for the purpose of 

21 conducting a financial audit of a women’s busi22 ness center, except that such a disclosure shall 

23 be limited to the information necessary for such 

24 audit. 


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

2 This subsection shall not— 

3 ‘‘(A) restrict Administration access to 

4 women’s business center data; or 

5 ‘‘(B) prevent the Administration from 

6 using information about individuals who use 

7 women’s business centers to conduct surveys of 

8 such individuals. 

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

10 issue regulations to establish standards for disclo11 sures for purposes of a financial audit described 

12 under paragraph (1)(B). 

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

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

15 within the Administration an Office of Women’s 

16 Business Ownership, which shall be responsible for 

17 the administration of the Administration’s programs 

18 for the development of women’s business enterprises 

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

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

21 Business Ownership shall be administered by an As22 sistant Administrator, who shall be appointed by the 

23 Administrator. 

24 ‘‘(2) ASSISTANT ADMINISTRATOR OF THE OF25 FICE OF WOMEN’S BUSINESS OWNERSHIP.— 


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1 ‘‘(A) QUALIFICATION.—The position of As2 sistant Administrator shall be a Senior Execu3 tive Service position under section 3132(a)(2) 

4 of title 5, United States Code. The Assistant 

5 Administrator shall serve as a noncareer ap6 pointee (as defined in section 3132(a)(7) of 

7 that title). 

8 ‘‘(B) DUTIES.—The Assistant Adminis9 trator shall administer the programs and serv10 ices of the Office of Women’s Business Owner11 ship and perform the following functions: 

12 ‘‘(i) Recommend the annual adminis13 trative and program budgets of the Office 

14 and eligible entities receiving a grant 

15 under the Women’s Business Center Pro16 gram. 

17 ‘‘(ii) Review the annual budgets sub18 mitted by each eligible entity receiving a 

19 grant under the Women’s Business Center 

20 Program. 

21 ‘‘(iii) Collaborate with other Federal 

22 departments and agencies, State and local 

23 governments, not-for-profit organizations, 

24 and for-profit organizations to maximize 

25 utilization of taxpayer dollars and reduce 


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1 (or eliminate) any duplication among the 

2 programs overseen by the Office of Wom3 en’s Business Ownership and those of 

4 other entities that provide similar services 

5 to women entrepreneurs. 

6 ‘‘(iv) Maintain a clearinghouse to pro7 vide for the dissemination and exchange of 

8 information between women’s business cen9 ters. 

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

11 the Interagency Committee on Women’s 

12 Business Enterprise and as the liaison for 

13 the National Women’s Business Council. 

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

15 Women’s Business Ownership shall be to assist 

16 women entrepreneurs to start, grow, and compete in 

17 global markets by providing quality support with ac18 cess to capital, access to markets, job creation, 

19 growth, and counseling by— 

20 ‘‘(A) fostering participation of women en21 trepreneurs in the economy by overseeing a net22 work of women’s business centers throughout 

23 States and territories; 

24 ‘‘(B) creating public-private partnerships 

25 to support women entrepreneurs and conduct 


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1 outreach and education to small business con2 cerns owned and controlled by women; and 

3 ‘‘(C) working with other programs of the 

4 Administrator to— 

5 ‘‘(i) ensure women are well-rep6 resented in those programs and being 

7 served by those programs; and 

8 ‘‘(ii) identify gaps where participation 

9 by women in those programs could be in10 creased. 

11 ‘‘(4) ACCREDITATION PROGRAM.— 

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

13 270 days after the date of enactment of this 

14 paragraph, the Administrator shall publish 

15 standards for a program to accredit eligible en16 tities that receive a grant under this section. 

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

18 Before publishing the standards under subpara19 graph (A), the Administrator— 

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

21 than 60 days for public comment on such 

22 standards; and 

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

24 this section absent evidence of fraud or 

25 other criminal misconduct by the recipient. 


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1 ‘‘(C) CONTRACTING AUTHORITY.—The Ad2 ministrator may provide financial support, by 

3 contract or otherwise, to a Women’s Business 

4 Center Association to provide assistance in es5 tablishing the standards required under sub6 paragraph (A) or for carrying out an accredita7 tion program pursuant to such standards. 

8 ‘‘(5) CONTINUATION GRANT CONSIDER9 ATIONS.— 

10 ‘‘(A) IN GENERAL.—In determining wheth11 er to award a continuation grant under this sec12 tion, the Administrator shall consider the re13 sults of the annual programmatic and financial 

14 examination conducted under subsection (g) 

15 and the accreditation program. 

16 ‘‘(B) ACCREDITATION REQUIREMENT.— 

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

18 the date of enactment of this subsection, the 

19 Administration may not award a continuation 

20 grant under this section unless the applicable 

21 eligible entity has been approved under the ac22 creditation program conducted pursuant to this 

23 subsection, except that the Assistant Adminis24 trator for the Office of Women’s Business Own25 ership may waive such accreditation requireVerDate Sep 11 2014 23:22 Oct 17, 2019 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4405.RH H4405

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1 ment, in the discretion of the Assistant Admin2 istrator, upon a showing that the eligible entity 

3 is making a good faith effort to obtain accredi4 tation. 

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

6 business center shall participate in annual profes7 sional development at an annual conference facili8 tated by a Women’s Business Center Association. 

9 ‘‘(l) NOTIFICATION REQUIREMENTS UNDER THE

10 WOMEN’S BUSINESS CENTER PROGRAM.—The Adminis11 trator shall provide the following: 

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

13 to be awarded grants under this section, to include 

14 the selection criteria under subsection (d) and any 

15 applicable regulations. 

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

17 section that failed to obtain such a grant, an oppor18 tunity to debrief with the Administrator to review 

19 the reasons for the applicant’s failure. 

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

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

22 the eligible entity is carried out by an officer or em23 ployee of the Administration (other than the Inspec24 tor General), a copy of the site visit report or evalVerDate Sep 11 2014 23:22 Oct 17, 2019 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4405.RH H4405

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1 uation, as applicable, within 30 calendar days of the 

2 completion of such visit or evaluation. 

3 ‘‘(m) ANNUAL MANAGEMENT REPORT.— 

4 ‘‘(1) IN GENERAL.—The Administrator shall 

5 prepare and submit to the Committee on Small 

6 Business of the House of Representatives and the 

7 Committee on Small Business and Entrepreneurship 

8 of the Senate an annual report on the effectiveness 

9 of women’s business centers operated through a 

10 grant awarded under this section. 

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

12 paragraph (1) shall include— 

13 ‘‘(A) information concerning, with respect 

14 to each women’s business center established 

15 pursuant to a grant awarded under this section, 

16 the most recent analysis of the annual pro17 grammatic and financial examination of the ap18 plicable eligible entity, as required under sub19 section (g)(1)(B), and the subsequent deter20 mination made by the Administration under 

21 that subsection; 

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

23 trained through the Women’s Business Center 

24 Program; 


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

2 and training through the Program; 

3 ‘‘(D) the demographics of Program partici4 pants to include gender, race, and age of each 

5 such participant; 

6 ‘‘(E) the number of Program participants 

7 who are veterans; 

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

9 by participants in the Program; 

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

11 of jobs supported, created or retained with as12 sistance from women’s business centers; 

13 ‘‘(H) the amount of capital secured by par14 ticipants in the Program, including through 

15 loans and equity investment; 

16 ‘‘(I) the number of participants in the Pro17 gram receiving financial assistance, including 

18 the type and dollar amount, under the loan pro19 grams of the Administration; 

20 ‘‘(J) an estimate of gross receipts, includ21 ing to the extent practicable a description of 

22 any change in revenue of small business con23 cerns assisted through the Program; 


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

2 increases or decreases in revenues for the as3 sisted small business concerns; 

4 ‘‘(L) the number of referrals made to other 

5 resources and programs of the Administration; 

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

7 participants, including a summary of any com8 ments received from such participants; and 

9 ‘‘(N) any recommendations by the Admin10 istrator to improve the delivery of services by 

11 women’s business centers. 

12 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.— 

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

14 appropriated to the Administration to carry out this 

15 section, to remain available until expended, 

16 $31,500,000 for each of fiscal years 2020 through 

17 2023. 

18 ‘‘(2) USE OF AMOUNTS.— 

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

20 subparagraph (B), amounts made available 

21 under this subsection for fiscal year 2020, and 

22 each fiscal year thereafter, may only be used for 

23 grant awards and may not be used for costs in24 curred by the Administration in connection with 


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1 the management and administration of the pro2 gram under this section. 

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

4 available under this subsection for a fiscal year, 

5 the following amounts shall be available for 

6 costs incurred by the Administration in connec7 tion with the management and administration 

8 of the program under this section: 

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

10 after the date of the enactment of this sub11 paragraph, 2.65 percent. 

12 ‘‘(ii) For the second fiscal year begin13 ning after the date of the enactment of 

14 this subparagraph and each fiscal year 

15 thereafter through fiscal year 2023, 2.5 

16 percent. 

17 ‘‘(3) EXPEDITED ACQUISITION.—Notwith18 standing any other provision of law, the Adminis19 trator may use such expedited acquisition methods 

20 as the Administrator determines to be appropriate to 

21 carry out this section, except that the Administrator 

22 shall ensure that all small business sources are pro23 vided a reasonable opportunity to submit proposals. 

24 ‘‘(4) ACCREDITATION AND ANNUAL CON25 FERENCE.—Not less than $500,000 of the amounts 


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1 appropriated pursuant to paragraph (1) for a fiscal 

2 year shall be available for purposes of carrying out 

3 subsection (k), of which no less than $50,000 shall 

4 be available to support an annual conference de5 scribed under subsection (k)(6).’’. 

6 SEC. 3. EFFECT ON EXISTING GRANTS. 

7 (a) TERMS AND CONDITIONS.—A nonprofit organiza8 tion receiving a grant under section 29(m) of the Small 

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

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

11 to receive the grant under the terms and conditions in ef12 fect for the grant on the day before the date of enactment 

13 of this Act, except that the nonprofit organization may 

14 not apply for a continuation of the grant under section 

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

16 656(m)(5)), as in effect on the day before the date of en17 actment of this Act. 

18 (b) LENGTH OF CONTINUATION GRANT.—The Ad19 ministrator of the Small Business Administration may 

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

21 as amended by this Act, to a nonprofit organization receiv22 ing a grant under section 29(m) of the Small Business 

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

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


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

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

3 (2) ending at the end of the third fiscal year be4 ginning after the date of enactment of this Act. 

5 SEC. 4. REGULATIONS. 

6 Not later than 270 days after the date of the enact7 ment of this Act, the Administrator of Small Business Ad8 ministration shall issue such rules as are necessary to 

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

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

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


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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 

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

OCTOBER 17, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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