Definitions
Authority
Conditions of participation
Non-Federal contributions
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.
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.
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.
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.
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.
Criteria
Office of Women’s Business Ownership
Establishment
section 7108 of this titleThere 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 ). The Office of Women’s Business Ownership shall be administered by an Assistant Administrator, who shall be appointed by the Administrator.
Assistant Administrator of the Office of Women’s Business Ownership
Qualification
section 3132(a)(2) of title 5The position of Assistant Administrator shall be a Senior Executive Service position under . The Assistant Administrator shall serve as a noncareer appointee (as defined in section 3132(a)(7) of that title).
Responsibilities and duties
Responsibilities
Duties
Consultation requirements
In carrying out the responsibilities and duties described in this paragraph, the Assistant Administrator shall confer with and seek the advice of the Administration officials in areas served by the women’s business centers.
Program examination
In general
Conditions for continued funding
Contract authority
1The 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 and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5.
Management report
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.
Contents
Authorization of appropriations
In general
Use of amounts
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.
Exceptions
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.
Reservation of funds for sustainability pilot program
In general
Use of unawarded funds for sustainability pilot program grants
lIf the amount reserved under subparagraph (A) for any fiscal year is not fully awarded to private nonprofit organizations described in subsection ()(1)(B), 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).
Pub. L. 110–28, title VIII, § 8305(b)121 Stat. 210 Repealed. , ,
Continued funding for centers
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.
Applicability
lA nonprofit organization described in this paragraph is a nonprofit organization that has received funding under subsection (b) or ().
Application and approval criteria
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.
Contents
lExcept as otherwise provided in this subsection, the conditions for participation in the grant program under this subsection shall be the same as the conditions for participation in the program under subsection (), as in effect on .
Notification
Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this subsection and notify the applicant for each such application.
Award of grants
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.
Amount
A grant under this subsection shall be for not more than $150,000, for each year of that grant.
Federal share
The Federal share under this subsection shall be not more than 50 percent.
Priority
lIn allocating funds made available for grants under this section, the Administrator shall give applications under this subsection or subsection () priority over first-time applications under subsection (b).
Renewal
In general
The Administrator may renew a grant under this subsection for additional 3-year periods, if the nonprofit organization submits an application for such renewal at such time, in such manner, and accompanied by such information as the Administrator may establish.
Unlimited renewals
There shall be no limitation on the number of times a grant may be renewed under subparagraph (A).
Privacy requirements
In general
Administration use of information
Regulations
The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under paragraph (1)(B).
Study and report on representation of women
Study
The Administrator shall periodically conduct a study to identify industries, as defined under the North American Industry Classification System, underrepresented by small business concerns owned and controlled by women.
Report
Not later than 3 years after , and every 5 years thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the results of each study under paragraph (1) conducted during the 5-year period ending on the date of the report.
Pub. L. 85–536, § 2[29]Pub. L. 102–191, § 2105 Stat. 1589Pub. L. 103–403, title IV108 Stat. 4192Pub. L. 105–135, title III, § 308(a)111 Stat. 2611Pub. L. 106–17113 Stat. 27Pub. L. 106–165113 Stat. 1795–1798Pub. L. 110–28, title VIII, § 8305(a)121 Stat. 209Pub. L. 111–240, title I, § 1401(b)124 Stat. 2549Pub. L. 112–239, div. A, title XVI, § 1697(b)126 Stat. 2091Pub. L. 113–291, div. A, title VIII, § 825(c)128 Stat. 3438(, formerly § 2[28], as added , , ; renumbered § 2[29] and amended , §§ 411, 412, , , 4193; , , ; , §§ 2(a), 3, , ; , §§ 2–4(b), , ; , (b), , , 210; , (c)(2), , , 2550; , , ; , , .)
Editorial Notes
References in Text
lPub. L. 110–28, title VIII, § 8305(b)121 Stat. 210Subsec. (), referred to in subsecs. (h)(2), (k)(1), (4), and (m)(2), (3)(B), (4)(D), was repealed by , , , effective Oct. 1 of the first full fiscal year after .
Codification
Pub. L. 110–28, referred to in subsec. (m)(3)(B), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of , which enacted subsec. (m), to reflect the probable intent of Congress.
Amendments
oPub. L. 113–2912014—Subsec. ()(2). substituted “3 years after ” for “5 years after ”.
oPub. L. 112–239o2013—Subsec. (). added subsec. ().
Pub. L. 111–240, § 1401(c)(2)(A)2010—Subsec. (c)(1). , substituted “As a condition” for “Subject to paragraph (5), as a condition” in introductory provisions.
Pub. L. 111–240, § 1401(b)(1), substituted “Subject to paragraph (5), as a condition” for “As a condition” in introductory provisions.
Pub. L. 111–240, § 1401(c)(2)(B)Subsec. (c)(5). , struck out par. (5) which related to waiver of non-Federal share relating to technical assistance and counseling.
Pub. L. 111–240, § 1401(b)(2), added par. (5).
lPub. L. 110–28, § 8305(b)l2007—Subsec. (). , struck out subsec. () which related to establishment of a sustainability pilot program.
Pub. L. 110–28, § 8305(a)Subsecs. (m), (n). , added subsecs. (m) and (n).
Pub. L. 106–165, § 2(1)1999—Subsec. (a)(2) to (4). , added par. (2) and redesignated former pars. (2) and (3) as pars. (3) and (4), respectively.
Pub. L. 106–165, § 2(2)Subsec. (b). , inserted “nonprofit” after “private” in introductory provisions.
Pub. L. 106–17, § 2(a)Subsec. (c)(1). , inserted “and” after the semicolon in subpar. (A), added subpar. (B), and struck out former subpars. (B) and (C) which read as follows:
“(B) in the third and fourth years, 1 non-Federal dollar for each Federal dollar; and
“(C) in the fifth year, 2 non-Federal dollars for each Federal dollar.”
Pub. L. 106–165, § 3(1)Subsec. (h). , added subsec. (h) and struck out heading and text of former subsec. (h). Text read as follows:
In general“(1) .—Not later than 180 days after , the Administrator shall develop and implement an annual programmatic and financial examination of each women’s business center established pursuant to this section.
Extension of contracts“(2) .—In extending or renewing a contract with a women’s business center, the Administrator shall consider the results of the examination conducted under paragraph (1).”
Pub. L. 106–165, § 3(2)Subsec. (j). , added subsec. (j) and struck out heading and text of former subsec. (j). Text read as follows: “The Administrator shall prepare and submit an annual report to the Committees on Small Business of the House of Representatives and the Senate on the effectiveness of all projects conducted under the authority of this section. Such report shall provide information concerning—
“(1) the number of individuals receiving assistance;
“(2) the number of startup business concerns formed;
“(3) the gross receipts of assisted concerns;
“(4) increases or decreases in profits of assisted concerns; and
“(5) the employment increases or decreases of assisted concerns.”
Pub. L. 106–165, § 4(b)(1)Subsec. (k)(1). , added par. (1) and struck out heading and text of former par. (1). Text read as follows: “There is authorized to be appropriated $11,000,000 for each fiscal year to carry out the projects authorized under this section, of which, for fiscal year 1998, not more than 5 percent may be used for administrative expenses related to the program under this section.”
Pub. L. 106–17, § 3, substituted “$11,000,000” for “$8,000,000”.
Pub. L. 106–165, § 4(b)(2)Subsec. (k)(2). , designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), amounts made” for “Amounts made”, and added subpar. (B).
Pub. L. 106–165, § 4(b)(3)Subsec. (k)(4). , added par. (4).
lPub. L. 106–165, § 4(a)lSubsec. (). , added subsec. ().
Pub. L. 105–1351997— amended section generally, substituting provisions relating to women’s business center program for provisions relating to women’s demonstration projects.
Pub. L. 103–403, § 411(2)1994—Subsec. (g). , substituted “1997” for “1995”.
Pub. L. 103–403, § 412Subsec. (h). , added subsec. (h).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, .
Effective Date of 2010 Amendment
Pub. L. 111–240, title I, § 1401(c)124 Stat. 2549, , , provided that the amendment made by section 1401(c)(2) is effective .
Effective Date of 2007 Amendment
Pub. L. 110–28, title VIII, § 8305(b)121 Stat. 210, , , provided that the amendment made by section 8305(b) is effective Oct. 1 of the first full fiscal year after .
Effective Date of 1999 Amendments
Pub. L. 106–165, § 6113 Stat. 1801
Pub. L. 106–17, § 2(b)113 Stat. 27
Effective Date of 1997 Amendment
Pub. L. 105–135section 3 of Pub. L. 105–135section 631 of this titleAmendment by effective , see , set out as a note under .
Regulations
Pub. L. 106–165, § 4(c)113 Stat. 1799
Transitional Rule
Pub. L. 110–28, title VIII, § 8305(c)121 Stat. 210
Applicability
Pub. L. 105–135, title III, § 308(b)111 Stat. 2615