USC - Women’s Business Center program

View all text of Chapter 14 A [§ 631 - § 657u]

§ 656. Women’s Business Center program

(a) DefinitionsIn this section—

(1) the term “Assistant Administrator” means the Assistant Administrator of the Office of Women’s Business Ownership established under subsection (g);

(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—

(A) that is not less than 51 percent owned by 1 or more women; and

(B) the management and daily business operations of which are controlled by 1 or more women; and

(4) the term “women’s business center site” means the location of—

(A) a women’s business center; or

(B) 1 or more women’s business centers, established in conjunction with another women’s business center in another location within a State or region—

(i) that reach a distinct population that would otherwise not be served;

(ii) whose services are targeted to women; and

(iii) whose scope, function, and activities are similar to those of the primary women’s business center or centers in conjunction with which it was established.

(b) AuthorityThe 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.

(1) Non-Federal contributionsAs 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:

(A) in the first and second years, 1 non-Federal dollar for each 2 Federal dollars; and

(B) in the third, fourth, and fifth years, 1 non-Federal dollar for each Federal dollar.

(2) Form of non-Federal contributions

(3) Form of Federal contributions

(4) Failure to obtain non-Federal funding

(d) Contract authority

(e) Submission of 5-year plan

(f) CriteriaThe 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;

(2) the present ability of the applicant to commence a project within a minimum amount of time;

(3) the ability of the applicant to provide training and services to a representative number of women who are both socially and economically disadvantaged; and

(4) the location for the women’s business center site proposed by the applicant.

(g) Office of Women’s Business Ownership

(1) Establishment

(2) Assistant Administrator of the Office of Women’s Business Ownership

(A) Qualification

(B) Responsibilities and duties

(i) ResponsibilitiesThe 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—(I) starting and operating a small business;(II) development of management and technical skills;(III) seeking Federal procurement opportunities; and(IV) increasing the opportunity for access to capital.

(ii) DutiesThe Assistant Administrator shall—(I) administer and manage the Women’s Business Center program;(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);(III) establish appropriate funding levels therefore 1

1 So in original. Probably should be “therefor”.

 ;(IV) review the annual budgets submitted by each applicant for the Women’s Business Center program;(V) select applicants to participate in the program under this section;(VI) implement this section;(VII) maintain a clearinghouse to provide for the dissemination and exchange of information between women’s business centers;(VIII) serve as the vice chairperson of the Interagency Committee on Women’s Business Enterprise;(IX) serve as liaison for the National Women’s Business Council; and(X) advise the Administrator on appointments to the Women’s Business Council.

(h) Program examination

(1) In generalThe 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) and, with respect to any in-kind contributions described in subsection (c)(2) that were used to satisfy the requirements of subsection (c), verification of the existence and valuation of those contributions; and

(B) analyze the results of each such examination and, based on that analysis, make a determination regarding the programmatic and financial viability of each women’s business center.

(2) Conditions for continued fundingIn determining whether to award a contract (as a sustainability grant) under subsection (l) 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

(B) may withhold such award or renewal, if the Administration determines that—

(i) the center has failed to provide any information required to be provided under clause (i) or (ii) of paragraph (1)(A), or the information provided by the center is inadequate; or

(ii) the center has failed to provide any information required to be provided by the center for purposes of the report of the Administration under subsection (j), or the information provided by the center is inadequate.

(i) Contract authority

(j) Management report

(1) In general

(2) ContentsEach report submitted under paragraph (1) shall include information concerning, with respect to each women’s business center established pursuant to this section—

(A) the number of individuals receiving assistance;

(B) the number of startup business concerns formed;

(D) the employment increases or decreases of assisted concerns;

(E) to the maximum extent practicable, increases or decreases in profits of assisted concerns; and

(F) the most recent analysis, as required under subsection (h)(1)(B), and the subsequent determination made by the Administration under that subsection.

(k) Authorization of appropriations

(1) In generalThere is authorized to be appropriated, to remain available until the expiration of the pilot program under subsection (l)—

(A) $12,000,000 for fiscal year 2000;

(B) $12,800,000 for fiscal year 2001;

(D) $14,500,000 for fiscal year 2003.

(2) Use of amounts

(A) In general

(B) ExceptionsOf the amount made available under this subsection for a fiscal year, the following amounts shall be available for selection panel costs, post-award conference costs, and costs related to monitoring and oversight:

(i) For fiscal year 2000, 2 percent.

(ii) For fiscal year 2001, 1.9 percent.

(iii) For fiscal year 2002, 1.9 percent.

(iv) For fiscal year 2003, 1.6 percent.

(3) Expedited acquisition

(4) Reservation of funds for sustainability pilot program

(A) In generalSubject 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):

(i) For fiscal year 2000, 17 percent.

(ii) For fiscal year 2001, 18.8 percent.

(iii) For fiscal year 2002, 30.2 percent.

(iv) For fiscal year 2003, 30.2 percent.

(B) Use of unawarded funds for sustainability pilot program grants

(l) Repealed. Pub. L. 110–28, title VIII, § 8305(b), May 25, 2007, 121 Stat. 210

(m) Continued funding for centers

(1) In general

(2) Applicability

(3) Application and approval criteria

(A) Criteria

(B) Contents

(4) Award of grants

(A) In general

(B) Amount

(D) Priority

(5) Renewal

(A) In general

(B) Unlimited renewals

(n) Privacy requirements

(1) In generalA women’s business center may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, unless—

(A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or

(B) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of a women’s business center, but a disclosure under this subparagraph shall be limited to the information necessary for such audit.

(2) Administration use of informationThis subsection shall not—

(A) restrict Administration access to program activity data; or

(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys.

(3) Regulations

(o) Study and report on representation of women

(1) Study

(2) Report

(Pub. L. 85–536, § 2[29], formerly § 2[28], as added Pub. L. 102–191, § 2, Dec. 5, 1991, 105 Stat. 1589; renumbered § 2[29] and amended Pub. L. 103–403, title IV, §§ 411, 412, Oct. 22, 1994, 108 Stat. 4192, 4193; Pub. L. 105–135, title III, § 308(a), Dec. 2, 1997, 111 Stat. 2611; Pub. L. 106–17, §§ 2(a), 3, Apr. 6, 1999, 113 Stat. 27; Pub. L. 106–165, §§ 2–4(b), Dec. 9, 1999, 113 Stat. 1795–1798; Pub. L. 110–28, title VIII, § 8305(a), (b), May 25, 2007, 121 Stat. 209, 210; Pub. L. 111–240, title I, § 1401(b), (c)(2), Sept. 27, 2010, 124 Stat. 2549, 2550; Pub. L. 112–239, div. A, title XVI, § 1697(b), Jan. 2, 2013, 126 Stat. 2091; Pub. L. 113–291, div. A, title VIII, § 825(c), Dec. 19, 2014, 128 Stat. 3438.)