Sec. 1842. Women’s Business Center Program
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Section 29(a) of the Small Business Act ( 15 U.S.C. 656(a) ) is amended— by striking paragraph (4); by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; by inserting after paragraph
(1)the following: the term eligible entity means— 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; 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; an institution of higher education, unless such institution is currently receiving a grant under section 21; 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 any combination of entities listed in subparagraphs
(A)through (D); ; and by adding at the end the following: 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 is needed to start, maintain, or expand a small business concern owned and controlled by women. . Section 29(b) of the Small Business Act ( 15 U.S.C. 656(b) ) is amended— by redesignating paragraphs (1), (2), and
(3)as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; by striking The Administration and all that follows through 5-year projects and inserting the following: 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 ; by striking The projects shall and inserting the following: The women’s business centers shall be designed to provide counseling and training that meets the needs of women, especially socially or economically disadvantaged women, and shall ; and by adding at the end the following: The amount of a grant provided under this subsection to an eligible entity per project year shall be not more than $185,000 (as such amount is annually adjusted by the Administrator to reflect the change in inflation). Notwithstanding subparagraph (A), with respect to an eligible entity that has received $185,000 in grants under this subsection in a project year, the Administrator may award an additional grant under this subsection of up to $65,000 during such project year if the Administrator determines that the eligible entity— agrees to obtain, after its application has been approved and notice of award has been issued, cash contributions from non-Federal sources of 1 non-Federal dollar for each Federal dollar; is in good standing with the Women's Business Center Program; and has met performance goals for the previous project year, if applicable. The Administrator may only award additional grants under clause (i)— during the 3rd and 4th quarters of the fiscal year; and from unobligated amounts made available to the Administrator to carry out this section. 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. . Section 29(c) of the Small Business Act ( 15 U.S.C. 656(c) ) is amended— in paragraph (1)— by striking the recipient organization and inserting an eligible entity ; and by striking financial assistance and inserting a grant ; in paragraph (3)— by striking financial assistance authorized pursuant to this section may be made by grant, contract, or cooperative agreement and and inserting grants authorized pursuant to this section ; and in the second sentence, by striking a recipient organization and inserting an eligible entity ; in paragraph (4)— by striking recipient of assistance and inserting eligible entity ; by striking during any project, it shall not be eligible thereafter and inserting during any project for 2 consecutive years, the eligible entity shall not be eligible at any time after that 2-year period ; by striking such organization and inserting the eligible entity ; and by striking the recipient and inserting the eligible entity ; and by adding at end the following: An eligible entity shall— carry out a project under this section separately from other projects, if any, of the eligible entity; and separately maintain and account for any grants under this section. Each applicant, prior to receiving a grant under this section, 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. An employee of the Administration shall— conduct an annual review of the compliance of each eligible entity receiving a grant under this section with the grant agreement, including a financial examination; and provide such review to the eligible entity as required under subsection (l). If a review of an eligible entity under paragraph (6)(B) identifies any problems, the eligible entity shall, within 45 calendar days of receiving such review, provide the Assistant Administrator with a plan of action, including specific milestones, for correcting such problems. The Assistant Administrator shall review each plan of action submitted under subparagraph
(A)within 30 calendar days of receiving such plan and— if the Assistant Administrator determines that such plan will bring the eligible entity into compliance with all the terms of the grant agreement, approve such plan; if the Assistant Administrator determines that such plan is inadequate to remedy the problems identified in the annual review 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. 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. 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. 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. 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 plan remedies the problems identified in the annual review. The determination of the appeal shall be provided to the eligible entity, in writing, within 15 calendar days from the eligible entity’s filing of the appeal. If the Administrator fails to act on an appeal made under this subparagraph within the 15 calendar day period specified under clause (iii), the eligible entity’s amended plan of action submitted under subparagraph
(C)shall be deemed to be approved. The Administrator shall require that, if an eligible entity fails to comply with a plan of action approved by the Assistant Administrator under paragraph (7)(B)(i) or an amended plan of action approved by the Assistant Administrator under paragraph (7)(D) or approved on appeal under paragraph (7)(E), the Assistant Administrator shall terminate the grant provided to the eligible entity under this section. An eligible entity that has a grant terminated under subparagraph
(A)shall have the opportunity to challenge the termination on the record and after an opportunity for a hearing. The determination made pursuant to subparagraph
(B)shall be considered final agency action for the purposes of chapter 7, title 5, United States Code. . Section 29(e) of the Small Business Act ( 15 U.S.C. 656(e) ) is amended— by striking applicant organization and inserting eligible entity ; by striking a recipient organization and inserting an eligible entity ; by striking financial assistance and inserting grants ; and by striking site . Subsection
(f)of section 29 of the Small Business Act ( 15 U.S.C. 656 ) is amended to read as follows: Each eligible entity desiring a grant under subsection
(b)shall submit to the Administrator an application that contains— a certification that the eligible entity— has designated an executive director or program manager, who may be compensated using grant funds under subsection
(b)or other sources, to manage the women's business center for which a grant under subsection
(b)is sought; meets the accounting and reporting requirements established by the Director of the Office of Management and Budget; information demonstrating that the eligible entity has the ability and resources to meet the needs of the market to be served by the women's business center, including the ability to obtain the non-Federal contribution required under subsection (c); 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; information demonstrating the experience and effectiveness of the eligible entity in— conducting the services described under subsection (a)(5); providing training and services to a representative number of women who are socially or economically disadvantaged; and working with resource partners of the Administration and other entities, such as universities; and a 5-year plan that describes the ability of the eligible entity to provide the services described under subsection (a)(3), including to a representative number of women who are socially or economically disadvantaged. The Administrator shall review applications to determine whether the applicant can meet obligations to perform the activities required by a grant under this section, including— the experience of the applicant in conducting activities required by this section; the amount of time needed for the applicant to commence operations should it be awarded a grant; the capacity of the applicant to meet the accreditation standards established by the Administrator in a timely manner; the ability of the applicant to sustain operations for more than 5 years (including its ability to obtain sufficient non-Federal funds for that period); the location of the women’s business center and its proximity to other grant recipients under this section; and the population density of the area to be served by the women’s business center. The Administrator shall issue guidance (after providing an opportunity for notice and comment) to specify the criteria for review and selection of applicants under this subsection. 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 guidance issued pursuant to subclause
(I)with respect to such opportunity unless required to do so by an Act of Congress or an order of a Federal court. Nothing in this clause may be construed as prohibiting the Administrator from modifying the guidance issued pursuant to subclause
(I)(after providing an opportunity for notice and comment) as such guidance applies to an opportunity to be awarded a grant under this section that the Administrator has not yet publicly announced pursuant to subsection (l)(1). The Administrator shall maintain a copy of each application submitted under this subsection for not less than 5 years. The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out clause (i). . Section 29 of the Small Business Act ( 15 U.S.C. 656 ) is amended by inserting after subsection
(k)the following: The Administrator shall provide— a public announcement of any opportunity to be awarded grants under this section, and such announcement shall include the standards by which such award will be made, including the guidance issued pursuant to subsection (f)(2)(A)(ii); the opportunity for any applicant for a grant under this section that failed to obtain such a grant a debriefing with the Assistant Administrator to review the reasons for the applicant’s failure; and with respect to any site visit or evaluation of an eligible entity receiving a grant under this section that 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 vision or evaluation. . Section 29(m) of the Small Business Act ( 15 U.S.C. 656(m) ) is amended— by striking paragraph
(3)and inserting the following: The Administrator shall solicit applications and award continuation grants under this subsection for the first fiscal year beginning after the date of enactment of this paragraph, and every third fiscal year thereafter. Each eligible entity desiring a grant under this subsection shall submit to the Administrator an application that contains— a certification that the applicant— is an eligible entity; has designated an executive director or program manager to manage the women's business center operated by the applicant; and as a condition of receiving a grant under this subsection, agrees— to receive a site visit as part of the final selection process, at the discretion of the Administrator; and to remedy any problem identified pursuant to the site visit under item (aa); information demonstrating that the applicant has the ability and resources to meet the needs of the market to be served by the women's business center for which a grant under this subsection is sought, including the ability to obtain the non-Federal contribution required under paragraph (4)(C); information relating to assistance to be provided by the women's business center in the geographic area served by the women's business center for which a grant under this subsection is sought; information demonstrating that the applicant has worked with resource partners of the Administration and other entities; a 3-year plan that describes the services provided by the women's business center for which a grant under this subsection is sought— to serve women who are business owners or potential business owners by conducting training and counseling activities; and to provide training and services to a representative number of women who are socially or economically disadvantaged; and any additional information that the Administrator may reasonably require. The Administrator— shall review each application submitted under subparagraph (B), based on the information described in such subparagraph and the criteria set forth under clause
(ii)of this subparagraph; and as part of the final selection process, may, at the discretion of the Administrator, conduct a site visit to each women's business center for which a grant under this subsection is sought, in particular to evaluate the women's business center using the selection criteria described in clause (ii)(II). The Administrator shall evaluate applicants for grants under this subsection in accordance with selection criteria that are— established before the date on which applicants are required to submit the applications; stated in terms of relative importance; and publicly available and stated in each solicitation for applications for grants under this subsection made by the Administrator. The selection criteria for a grant under this subsection shall include— the total number of entrepreneurs served by the applicant; the total number of new startup companies assisted by the applicant; the percentage of clients of the applicant that are socially or economically disadvantaged; the percentage of individuals in the community served by the applicant who are socially or economically disadvantaged; the successful accreditation of the applicant under the accreditation program developed under subsection (g)(5); and any additional criteria that the Administrator may reasonably require. In determining whether to make a grant under this subsection, the Administrator— shall consider the results of the most recent evaluation of the women's business center for which a grant under this subsection is sought, and, to a lesser extent, previous evaluations; and may withhold a grant under this subsection, if the Administrator determines that the applicant has failed to provide the information required to be provided under this paragraph, or the information provided by the applicant is inadequate. Not later than 60 calendar days after the date of each deadline to submit applications under this paragraph, the Administrator shall approve or deny each submitted application and notify the applicant for each such application of the approval or denial. The Administrator shall maintain a copy of each application submitted under this paragraph for not less than 5 years. The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out clause (i). ; and by striking paragraph
(5)and inserting the following: There shall be no limitation on the number of times the Administrator may award a grant to an applicant under this subsection. . Section 29 of the Small Business Act ( 15 U.S.C. 656 ) is amended— in subsection (h)(2), by striking to award a contract (as a sustainability grant) under subsection
(l)or ; in subsection (j)(1), by striking The Administration and inserting Not later than November 1 of each year, the Administrator ; in subsection (k)— by striking paragraphs
(1)and (4); by inserting before paragraph
(2)the following: There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $21,750,000 for each of fiscal years 2017 through 2020. ; and in paragraph (2), by striking subparagraph
(B)and inserting the following: Of the amount made available under this subsection for a fiscal year, the following amounts shall be available for selection panel costs, costs associated with maintaining an accreditation program, and post-award conference costs: For the first fiscal year beginning after the date of the enactment of this subparagraph, 2.65 percent. For the second fiscal year beginning after the date of the enactment of this subparagraph and each fiscal year thereafter through fiscal year 2020, 2.5 percent. ; and in subsection (m)— in paragraph (2), by striking subsection
(b)or
(l)and inserting this subsection or subsection
(b); and in paragraph (4)(D), by striking or subsection
(l). 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 title, 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 title, 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 title. The Administrator of the Small Business Administration may award a grant under section 29(m) of the Small Business 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 title, for the period— beginning on the day after the last day of the grant agreement under such section 29(m); and ending at the end of the third fiscal year beginning after the date of enactment of this title.
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Sec. 1842
Women’s Business Center Program
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