Women's Small Business Ownership Act of 2014
A BILL
To reauthorize the women's business center program of the Small Business Administration, and for other purposes.
Sec. 2 Definition
Sec. 3 Office of Women’s Business Ownership
“(I) starting, operating, and increasing the business of a small business concern;”
“(3) Training—The Administrator may provide annual programmatic and financial examination training for women’s business ownership representatives and district office technical representatives of the Administration to enable representatives to carry out their responsibilities.
“(4) Program and transparency improvements—The Administrator shall maximize the transparency of the women’s business center financial assistance proposal process and the programmatic and financial examination process by—
“(A) providing public notice of any announcement for financial assistance under subsection (b) or a grant under subsection (l);
“(B) in the announcement described in subparagraph (A), outlining award and program evaluation criteria and describing the weighting of the criteria for financial assistance under subsection (b) and grants under subsection (l); and
“(C) not later than 60 days after the completion of a site visit to the women's business center (whether conducted for an audit, performance review, or other reason), when feasible, providing to each women’s business center a copy of any site visit reports or evaluation reports prepared by district office technical representatives or officers or employees of the Administration.”
Sec. 4 Women’s Business Center Program
“(2) the term association of women’s business centers means an organization—
“(A) that represents not less than 51 percent of the women’s business centers that participate in a program under this section; and
“(B) whose primary purpose is to represent women’s business centers;
“(3) the term eligible entity means—
“(A) a private nonprofit organization;
“(B) a State, regional, or local economic development organization;
“(C) a development, credit, or finance corporation chartered by a State;
“(D) a junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)); or
“(E) any combination of entities listed in subparagraphs (A) through (D);”
“(6) the term women's business center means a project conducted by an eligible entity under this section.”
“(1) In general—The Administration may provide financial assistance to an eligible entity to conduct a project under this section”
“(2) Use of funds—The project shall be designed to provide training and counseling that meets the needs of women, especially socially and economically disadvantaged women, and shall”
“(3) Amount of financial assistance—The Administrator may award financial assistance under this subsection of not more than $250,000 per project year.
“(4) Consultation with associations of women’s business centers—The Administrator shall seek advice, input, and recommendations for policy changes from any association of women’s business centers to develop—
“(A) a training program for the staff of women’s business centers; and
“(B) recommendations to improve the policies and procedures for governing the general operations and administration of the women’s business center program, including grant program improvements under subsection (g)(4).”
“(5) Separation of project and funds—An eligible entity shall—
“(A) carry out a project under this section separately from other projects, if any, of the eligible entity; and
“(B) separately maintain and account for any financial assistance under this section.”
“(f) Applications and criteria for initial financial assistance
“(1) Application—Each eligible entity desiring financial assistance under subsection (b) shall submit to the Administrator an application that contains—
“(A) a certification that the eligible entity—
“(i) has designated an executive director or program manager, who may be compensated using financial assistance under subsection (b) or other sources, to manage the center;
“(ii) as a condition of receiving financial assistance under subsection (b), agrees—
“(I) to receive a site visit at the discretion of the Administrator as part of the final selection process;
“(II) to undergo an annual programmatic and financial examination; and
“(III) to remedy any problems identified pursuant to the site visit or examination under subclause (I) or (II); and
“(iii) meets the accounting and reporting requirements established by the Director of the Office of Management and Budget;
“(B) 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 for which financial assistance under subsection (b) is sought, including the ability to obtain the non-Federal contribution required under subsection (c);
“(C) information relating to the assistance to be provided by the women's business center for which financial assistance under subsection (b) is sought in the area in which the women's business center is located;
“(D) information demonstrating the experience and effectiveness of the eligible entity in—
“(i) conducting financial, management, and marketing assistance programs, as described in subsection (b)(2), which are designed to teach or upgrade the business skills of women who are business owners or potential business owners;
“(ii) providing training and services to a representative number of women who are socially and economically disadvantaged; and
“(iii) working with resource partners of the Administration and other entities, such as universities; and
“(E) a 5-year plan that describes the ability of the women's business center for which financial assistance is sought—
“(i) to serve women who are business owners or potential business owners by conducting training and counseling activities; and
“(ii) to provide training and services to a representative number of women who are socially and economically disadvantaged.
“(2) Review and approval of applications for initial financial assistance
“(A) In general—The Administrator shall—
“(i) review each application submitted under paragraph (1), based on the information described in such paragraph and the criteria set forth under subparagraph (B) of this paragraph; and
“(ii) to the extent practicable, as part of the final selection process, conduct a site visit to each women's business center for which financial assistance under subsection (b) is sought.
“(B) Selection criteria
“(i) In general—The Administrator shall evaluate applicants for financial assistance under subsection (b) in accordance with selection criteria that are—
“(I) established before the date on which applicants are required to submit the applications;
“(II) stated in terms of relative importance; and
“(III) publicly available and stated in each solicitation for applications for financial assistance under subsection (b) made by the Administrator.
“(ii) Required criteria—The selection criteria for financial assistance under subsection (b) shall include—
“(I) the experience of the applicant in conducting programs or ongoing efforts designed to teach or enhance the business skills of women who are business owners or potential business owners;
“(II) the ability of the applicant to begin a project within a minimum amount of time, as established under the program announcement or by regulation;
“(III) the ability of the applicant to provide training and services to a representative number of women who are socially and economically disadvantaged; and
“(IV) the location for the women's business center proposed by the applicant, including whether the applicant is located in a State in which there is not a women's business center receiving funding from the Administration.
“(C) Proximity—If the principal place of business of an applicant for financial assistance under subsection (b) is located less than 50 miles from the principal place of business of a women’s business center that received funds under this section on or before the date of the application, the applicant shall not be eligible for the financial assistance, unless the applicant submits a detailed written justification of the need for an additional center in the area in which the applicant is located.
“(D) Record retention—The Administrator shall maintain a copy of each application submitted under this subsection for not less than 7 years.”
“(3) Application and approval for renewal grants
“(A) Solicitation of applications—The Administrator shall solicit applications and award grants under this subsection for the first fiscal year beginning after the date of enactment of the Women's Small Business Ownership Act of 2014, and every third fiscal year thereafter.
“(B) Contents of application—Each eligible entity desiring a grant under this subsection shall submit to the Administrator an application that contains—
“(i) a certification that the applicant—
“(I) is an eligible entity;
“(II) has designated an executive director or program manager to manage the women's business center operated by the applicant; and
“(III) as a condition of receiving a grant under this subsection, agrees—
“(aa) to receive a site visit as part of the final selection process;
“(bb) to submit, for the 2 full fiscal years before the date on which the application is submitted, annual programmatic and financial examination reports or certified copies of the compliance supplemental audits under OMB Circular A–133 of the applicant; and
“(cc) to remedy any problem identified pursuant to the site visit or examination under item (aa) or (bb);
“(ii) 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);
“(iii) information relating to assistance to be provided by the women's business center in the area served by the women's business center for which a grant under this subsection is sought;
“(iv) information demonstrating that the applicant has worked with resource partners of the Administration and other entities;
“(v) a 3-year plan that describes the ability of the women's business center for which a grant under this subsection is sought—
“(I) to serve women who are business owners or potential business owners by conducting training and counseling activities; and
“(II) to provide training and services to a representative number of women who are socially and economically disadvantaged; and
“(vi) any additional information that the Administrator may reasonably require.
“(C) Review and approval of applications for grants
“(i) In general—The Administrator shall—
“(I) 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
“(II) at the discretion of the Administrator, and as part of the final selection process, conduct a site visit to each women's business center for which a grant under this subsection is sought.
“(ii) Selection criteria
“(I) In general—The Administrator shall evaluate applicants for grants under this subsection in accordance with selection criteria that are—
“(aa) established before the date on which applicants are required to submit the applications;
“(bb) stated in terms of relative importance; and
“(cc) publicly available and stated in each solicitation for applications for grants under this subsection made by the Administrator.
“(II) Required criteria—The selection criteria for a grant under this subsection shall include—
“(aa) the total number of entrepreneurs served by the applicant;
“(bb) the total number of new startup companies assisted by the applicant;
“(cc) the percentage of clients of the applicant that are socially or economically disadvantaged; and
“(dd) the percentage of individuals in the community served by the applicant who are socially or economically disadvantaged.
“(iii) Conditions for continued funding—In determining whether to make a grant under this subsection, the Administrator—
“(I) 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
“(II) 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.
“(D) Notification—Not later than 60 days after the date of each deadline to submit applications, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application of the approval or denial.
“(E) Record retention—The Administrator shall maintain a copy of each application submitted under this paragraph for not less than 7 years.”
“(5) Award to previous recipients—There shall be no limitation on the number of times the Administrator may award a grant to an applicant under this subsection.”
“(1) In general—There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $26,750,000 for each of fiscal years 2015 through 2019.”
“(3) Continuing grant and cooperative agreement authority
“(A) Prompt disbursement—Upon receiving funds to carry out this section for a fiscal year, the Administrator shall, to the extent practicable, promptly reimburse funds to any women’s business center awarded financial assistance under this section if the center meets the eligibility requirements under this section.
“(B) Suspension or termination—If the Administrator has entered into a grant or cooperative agreement with a women's business center under this section, the Administrator may not suspend or terminate the grant or cooperative agreement, unless the Administrator—
“(i) provides the women's business center with written notification setting forth the reasons for that action; and
“(ii) affords the women's business center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code.”
Sec. 5 Matching requirements under women's business center program
“(6) Waiver of non-Federal share relating to technical assistance and counseling
“(A) In general—Upon request by a recipient organization, and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under this subsection for the technical assistance and counseling activities of the recipient organization carried out using financial assistance under this section for a fiscal year. The Administrator may not waive the requirement for a recipient organization to obtain non-Federal funds under this paragraph for more than a total of 2 consecutive fiscal years.
“(B) Considerations—In determining whether to waive the requirement to obtain non-Federal funds under this paragraph, the Administrator shall consider—
“(i) the economic conditions affecting the recipient organization;
“(ii) the impact a waiver under this clause would have on the credibility of the women's business center program under this section;
“(iii) the demonstrated ability of the recipient organization to raise non-Federal funds; and
“(iv) the performance of the recipient organization.
“(C) Limitation—The Administrator may not waive the requirement to obtain non-Federal funds under this paragraph if granting the waiver would undermine the credibility of the women's business center program under this section.
“(7) Solicitation—Notwithstanding any other provision of law, a recipient organization may—
“(A) solicit cash and in-kind contributions from private individuals and entities to be used to carry out the activities of the recipient organization under the project conducted under this section; and
“(B) use amounts made available by the Administration under this section for the cost of such solicitation and management of the contributions received.”
Sec. 6 Study and report on economic issues facing women's business centers
Sec. 7 Study and report on oversight of women's business centers
Sec. 8 Sole source contracts for small business concerns owned and controlled by women
“(7) Authority for sole source contracts for economically disadvantaged small business concerns owned and controlled by women in underrepresented industries—A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women that meets the requirements under paragraph (2)(A) if—
“(A) the small business concern owned and controlled by women is in an industry in which small business concerns owned and controlled by women are underrepresented, as determined by the Administrator;
“(B) the contracting officer determines that the small business concern owned and controlled by women is a responsible contractor with respect to performance of the contract opportunity;
“(C) the anticipated award price of the contract, including options, is not more than—
“(i) $6,500,000, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or
“(ii) $4,000,000, in the case of any other contract opportunity; and
“(D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
“(8) Authority for sole source contracts for small business concerns owned and controlled by women in substantially underrepresented industries—A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women that meets the requirements under paragraph (2)(E) if—
“(A) the small business concern owned and controlled by women is in an industry in which small business concerns owned and controlled by women are substantially underrepresented, as determined by the Administrator;
“(B) the contracting officer determines that the small business concern owned and controlled by women is a responsible contractor with respect to performance of the contract opportunity;
“(C) the anticipated award price of the contract, including options, is not more than—
“(i) $6,500,000, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or
“(ii) $4,000,000, in the case of any other contract opportunity; and
“(D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.”
“(V) through sole source contracts awarded under section 8(m)(7);
“(VI) through sole source contracts awarded under section 8(m)(8);
“(VII) by industry for contracts described in subclause (III), (IV), (V), or (VI); and”
Sec. 9 Small business intermediary lending program
“(B) Loan limits
“(i) In general—No single loan to an eligible intermediary under this subsection may exceed $1,000,000.
“(ii) Total amount—The total amount outstanding and committed to an eligible intermediary by the Administrator under the Program may not exceed $5,000,000.”
“(G) Maximum amounts—The Administrator may make loans under the Program—
“(i) during each of fiscal years 2015, 2016, and 2017, in a total amount of not more than $20,000,000; and
“(ii) during fiscal year 2018 and each fiscal year thereafter, using such amounts as are made available for the Program.”
Sec. 10 Access to capital for small business concerns
“(F) Report to commercial credit reporting agencies—The Administrator shall establish a process under which an intermediary that makes a loan to a small business concern under this paragraph shall provide to 1 or more of the commercial credit reporting agencies, through the Administration or independently, including through third party intermediaries, information on the small business concern that is relevant to credit reporting, including the payment activity of the small business concern on the loan.”