§ 656. Women’s business center program
(a)
Definitions
In this section—
(1)
the term “Assistant Administrator” means the Assistant Administrator of the Office of Women’s Business Ownership established under subsection (g) of this section;
(2)
the term “private nonprofit organization” means an entity that is described in section
501
(c) of title
26 and exempt from taxation under section 501(a) of such title;
(3)
the term “small business concern owned and controlled by women”, either startup or existing, includes any small business concern—
(b)
Authority
The Administration may provide financial assistance to private nonprofit organizations to conduct 5-year projects for the benefit of small business concerns owned and controlled by women. The projects shall provide—
(1)
financial assistance, including training and counseling in how to apply for and secure business credit and investment capital, preparing and presenting financial statements, and managing cash flow and other financial operations of a business concern;
(2)
management assistance, including training and counseling in how to plan, organize, staff, direct, and control each major activity and function of a small business concern; and
(3)
marketing assistance, including training and counseling in identifying and segmenting domestic and international market opportunities, preparing and executing marketing plans, developing pricing strategies, locating contract opportunities, negotiating contracts, and utilizing varying public relations and advertising techniques.
(c)
Conditions of participation
(1)
Non-Federal contributions
As a condition of receiving financial assistance authorized by this section, the recipient organization shall agree to obtain, after its application has been approved and notice of award has been issued, cash contributions from non-Federal sources as follows:
(2)
Form of non-Federal contributions
Not more than one-half of the non-Federal sector matching assistance may be in the form of in-kind contributions that are budget line items only, including office equipment and office space.
(3)
Form of Federal contributions
The financial assistance authorized pursuant to this section may be made by grant, contract, or cooperative agreement and may contain such provision, as necessary, to provide for payments in lump sum or installments, and in advance or by way of reimbursement. The Administration may disburse up to 25 percent of each year’s Federal share awarded to a recipient organization after notice of the award has been issued and before the non-Federal sector matching funds are obtained.
(4)
Failure to obtain non-Federal funding
If any recipient of assistance fails to obtain the required non-Federal contribution during any project, it shall not be eligible thereafter for advance disbursements pursuant to paragraph (3) during the remainder of that project, or for any other project for which it is or may be funded by the Administration, and prior to approving assistance to such organization for any other projects, the Administration shall specifically determine whether the Administration believes that the recipient will be able to obtain the requisite non-Federal funding and enter a written finding setting forth the reasons for making such determination.
(d)
Contract authority
A women’s business center may enter into a contract with a Federal department or agency to provide specific assistance to women and other underserved small business concerns. Performance of such contract should not hinder the women’s business centers in carrying out the terms of the grant received by the women’s business centers from the Administration.
(e)
Submission of 5-year plan
Each applicant organization initially shall submit a 5-year plan to the Administration on proposed fundraising and training activities, and a recipient organization may receive financial assistance under this program for a maximum of 5 years per women’s business center site.
(f)
Criteria
The Administration shall evaluate and rank applicants in accordance with predetermined selection criteria that shall be stated in terms of relative importance. Such criteria and their relative importance shall be made publicly available and stated in each solicitation for applications made by the Administration. The criteria shall include—
(1)
the experience of the applicant in conducting programs or ongoing efforts designed to impart or upgrade the business skills of women business owners or potential owners;
(g)
Office of Women’s Business Ownership
(1)
Establishment
There is established within the Administration an Office of Women’s Business Ownership, which shall be responsible for the administration of the Administration’s programs for the development of women’s business enterprises (as defined in section
7108 of this title). The Office of Women’s Business Ownership shall be administered by an Assistant Administrator, who shall be appointed by the Administrator.
(2)
Assistant Administrator of the Office of Women’s Business Ownership
(B)
Responsibilities and duties
(i)
Responsibilities
The responsibilities of the Assistant Administrator shall be to administer the programs and services of the Office of Women’s Business Ownership established to assist women entrepreneurs in the areas of—
(ii)
Duties
The Assistant Administrator shall—
(II)
recommend the annual administrative and program budgets for the Office of Women’s Business Ownership (including the budget for the Women’s Business Center program);
(h)
Program examination
(1)
In general
The Administration shall—
(A)
develop and implement an annual programmatic and financial examination of each women’s business center established pursuant to this section, pursuant to which each such center shall provide to the Administration—
(i)
an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and
(ii)
documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the center during the preceding year in order to meet the requirements of subsection (c) of this section and, with respect to any in-kind contributions described in subsection (c)(2) of this section that were used to satisfy the requirements of subsection (c) of this section, verification of the existence and valuation of those contributions; and
(2)
Conditions for continued funding
In determining whether to award a contract (as a sustainability grant) under subsection (l) of this section or to renew a contract (either as a grant or cooperative agreement) under this section with a women’s business center, the Administration—
(A)
shall consider the results of the most recent examination of the center under paragraph (1); and
(i)
Contract authority
The authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. After the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, it shall not suspend, terminate, or fail to renew or extend any such contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore [1] and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter
5 of title
5.
(j)
Management report
(1)
In general
The Administration shall prepare and submit to the Committees on Small Business of the House of Representatives and the Senate a report on the effectiveness of all projects conducted under this section.
(k)
Authorization of appropriations
(1)
In general
There is authorized to be appropriated, to remain available until the expiration of the pilot program under subsection (l) of this section—
(2)
Use of amounts
(A)
In general
Except as provided in subparagraph (B), amounts made available under this subsection for fiscal year 1999, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section.
(3)
Expedited acquisition
Notwithstanding any other provision of law, the Administrator, acting through the Assistant Administrator, may use such expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business sources are provided a reasonable opportunity to submit proposals.
(4)
Reservation of funds for sustainability pilot program
(A)
In general
Subject to subparagraph (B), of the total amount made available under this subsection for a fiscal year, the following amounts shall be reserved for sustainability grants under subsection (l) of this section:
(B)
Use of unawarded funds for sustainability pilot program grants
If the amount reserved under subparagraph (A) for any fiscal year is not fully awarded to private nonprofit organizations described in subsection (l)(1)(B) of this section, the Administration is authorized to use the unawarded amount to fund additional women’s business center sites or to increase funding of existing women’s business center sites under subsection (b) of this section.
(m)
Continued funding for centers
(1)
In general
A nonprofit organization described in paragraph (2) shall be eligible to receive, subject to paragraph (3), a 3-year grant under this subsection.
(2)
Applicability
A nonprofit organization described in this paragraph is a nonprofit organization that has received funding under subsection (b) or (l).
(3)
Application and approval criteria
(A)
Criteria
Subject to subparagraph (B), the Administrator shall develop and publish criteria for the consideration and approval of applications by nonprofit organizations under this subsection.
(4)
Award of grants
(A)
In general
Subject to the availability of appropriations, the Administrator shall make a grant for the Federal share of the cost of activities described in the application to each applicant approved under this subsection.
(n)
Privacy requirements
(1)
In general
A women’s business center may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, unless—
[1] So in original. Probably should be “therefor”.