Women's Business Centers Sustainability Act of 1999
PL 106-165 (S.791), enacted 12/09/1999

PUBLIC LAW 106-165—DEC. 9, 1999 
113 STAT. 1795 
Public Law 106-165 
106th Congress 
An Act 
To amend the Small Business Act with respect to the women's business center 
program. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Women's Business Centers 
Sustainability Act of 1999". 
SEC. 2. PRIVATE NONPROFIT ORGANIZATIONS. 
Section 29 of the Small Business Act (15 U.S.C. 656) is 
amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and 
(B) by inserting after paragraph (1) the following: 
"(2) the term 'private nonprofit orgainization' means an 
entity that is described in section 501(c) of the Internal Revenue 
Code of 1986 and exempt from taxation under section 501(a) 
of such Code;"; and 
(2) in subsection (b), by inserting "nonprofit" after "private". 
SEC. 3. INCREASED MANAGEMENT OVERSIGHT AND REVIEW OF 
WOMEN'S BUSINESS CENTERS. 
Section 29 of the Small Business Act (15 U.S.C. 656) is 
amended— 
(1) by striking subsection (h) and inserting the following: 
"(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 breakdov/n of actual expendi-
tures 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 
Dec. 9, 1999 
[S. 791] 
Women's 
Business Centers 
Sustainability 
Act of 1999. 
15 u s e 631 note. 
113 STAT. 1796 
PUBLIC LAW 106-165—DEC. 9, 1999 
"(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 FUNDING.—In determining 
whether to award a contract (as a sustainability grant) under 
subsection (1) or to renew a contract (either as a grant or 
cooperative agreement) under this section with a women's busi-
ness center, the Administration— 
"(A) shall consider the results of the most recent exam-
ination 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 para-
graph (1)(A), or the information provided by the center 
is inadequate; or 
"(ii) the center has failed to provide any informa-
tion 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 inad-
equate."; and 
(2) by striking subsection (j) and inserting the following: 
"0") 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. 
"(2) CONTENTS.—Each 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; 
"(C) the gross receipts of assisted concerns; 
"(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 sub-
section (h)(1)(B), and the subsequent determination made 
by the Administration under that subsection.". 
SEC. 4. WOMEN'S BUSINESS CENTERS SUSTAINABILITY PILOT PRO-
GRAM. 
(a) IN GENERAL.—Section 29 of the Small Business Act (15 
U.S.C. 656) is amended by adding at the end the following: 
"(1) SUSTAINABILITY PILOT PROGRAM.— 
Grants. 
"(1) IN GENERAL.—There is established a 4-year pilot pro-
gram under which the Administration is authorized to award 
grants (referred to in this section as 'sustainability grants') 
on a competitive basis for an additional 5-year project under 
this section to any private nonprofit organization (or a division 
thereof)— 
"(A) that has received financial assistance under this 
section pursuant to a grant, contract, or cooperative agree-
ment; and 
"(B) that— 
PUBLIC LAW 106-165—DEC. 9, 1999 
113 STAT. 1797 
"(i) is in the final year of a 5-year project; or 
"(ii) has completed a project financed under this 
section (or any predecessor to this section) and con-
tinues to provide assistance to women entrepreneurs. 
"(2) CONDITIONS FOR PARTICIPATION.—In order to receive 
a sustainability grant, an organization described in paragraph 
(1) shall submit to the Administration an application, which Application, 
shall include— 
"(A) a certification that the applicant— 
"(i) is a private nonprofit organization; 
"(ii) employs a ftiU-time executive director or pro-
gram manager to manage the centcjr; and 
"(iii) as a condition of receiving a sustainability 
grant, agrees— 
"(I) to a site visit as part of the final selection 
process and to an annual programmatic and finan-
cial examination; and 
"(II) to the maximum extent practicable, to 
remedy any problems identified pursuant to that 
site visit or examination; 
"(B) information demonstrating thiat the applicant has 
the ability and resources to meet the needs of the market 
to be served by the women's business center site for which 
a sustainability grant is sought, including the ability to 
fundraise; 
"(C) information relating to assistance provided by the 
women's business center site for wliich a sustainability 
grant is sought in the area in which the site is located, 
including— 
"(i) the number of individuals assisted; 
"(ii) the number of hours of counseling, training, 
and workshops provided; and 
"(iii) the number of startu]? business concerns 
formed; 
"(D) information demonstrating the effective experience 
of the applicant in— 
"(i) conducting financial, management, and mar-
keting assistance programs, as described in paragraphs 
(1), (2), and (3) of subsection (b), designed to impart 
or upgrade the business skills of women business 
owners or potential owners; 
"(ii) providing training and services to a represent-
ative number of women who are both socially and 
economically disadvantaged; 
"(iii) using resource partners of the Administration 
and other entities, such as universities; 
"(iv) complying with the cooperative agreement of 
the applicant; and 
"(v) the prudent management of finances and 
staffing, including the manner in which the perform-
ance of the applicant compared to the business plan 
of the applicant and the manner in which grant funds 
awarded under subsection (b) were used by the 
applicant; and 
"(E) a 5-year plan that projects the ability of the 
women's business center site for which a sustainability 
grant is sought— 
113 STAT. 1798 
PUBLIC LAW 106-165—DEC. 9, 1999 
"(i) to serve women business owners or potential 
owners in the future by improving fundraising and 
training activities; and 
"(ii) to provide training and services to a represent-
ative number of women who are both socially and 
economically disadvantaged. 
"(3) REVIEW OF APPLICATIONS.— 
"(A) IN GENERAL.—The Administration shall— 
"(i) review each application submitted under para-
graph (2) based on the information provided in sub-
paragraphs (D) and (E) of that paragraph, and the 
criteria set forth in subsection (f); 
"(ii) as part of the final selection process, conduct 
a site visit at each women's business center for which 
a sustainability grant is sought; and 
"(iii) 
approve 
or 
disapprove 
applications 
for 
sustainability grants simultaneously with applications 
for grants under subsection (b). 
"(B) DATA COLLECTION.—Consistent with the annual 
report to Congress under subsection (j), each women's busi-
ness center site that is awarded a sustainability grant 
shall, to the maximum extent practicable, collect informa-
tion relating to— 
"(i) the number of individuals assisted; 
"(ii) the number of hours of counseling and training 
provided and workshops conducted; 
"(iii) the number of startup business concerns 
formed; 
"(iv) any available gross receipts of assisted con-
cerns; and 
"(v) the number of jobs created, maintained, or 
lost at assisted concerns. 
"(C) RECORD RETENTION.—The Administration shall 
maintain a copy of each application submitted under this 
subsection for not less than 10 years. 
"(4) NON-FEDERAL CONTRIBUTION.— 
"(A) IN GENERAL.—Notwithstanding any other provi-
sion of this section, as a condition of receiving a sustain-
ability grant, an organization described in paragraph (1) 
shall agree to obtain, after its application has been 
approved under paragraph (3) and notice of award has 
been issued, cash and in-kind contributions from non-Fed-
eral sources for each year of additional program participa-
tion in an amount equal to 1 non-Federal dollar for each 
Federal dollar. 
"(B) FORM OF NON-FEDERAL CONTRIBUTIONS.—Not more 
than 50 percent of the non-Federal assistance obtained 
for purposes of subparagraph (A) may be in the form of 
in-kind contributions that are budget line items only, 
including office equipment and office space. 
"(5) TIMING OF REQUESTS FOR PROPOSALS.—In carrying out 
this subsection, the Administration shall issue requests for 
proposals for women's business centers applying for the pilot 
program under this subsection simultaneously with requests 
for proposals for grants under subsection (b).". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 29(k) 
of 
the 
Small Business Act (15 U.S.C. 656(k)) is amended— 
PUBLIC LAW 106-165—DEC. 9, 1999 
113 STAT. 1799 
(1) by striking paragraph (1) and inserting the following: 
"(1) IN GENERAL.—There is authorized to be appropriated, 
to remain available until the expiration of the pilot program 
under subsection (1)— 
"(A) $12,000,000 for fiscal year 2000; 
"(B) $12,800,000 for fiscal year 2001; 
"(C) $13,700,000 for fiscal year 2002; and 
"(D) $14,500,000 for fiscal year 2003."; 
(2) in paragraph (2)— 
(A) by striking "Amounts made" and inserting the fol-
lowing: 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), amounts made"; and 
(B) by adding at the end the following: 
"(B) EXCEPTIONS.—Of 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."; and 
(3) by adding at the end the following: 
"(4) RESERVATION OF FUNDS FOR SUSTMNABILITY PILOT PRO-
GRAM.— 
"(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 (1): 
"(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.—If the amiount reserved under 
subparagraph (A) for any fiscal year is not fully awarded 
to private nonprofit organizations dtjscribed in subsection 
(1)(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).". 
(c) GUIDELINES.—^Not later than 30 days after the date of enact- Deadline, 
ment of this Act, the Administrator of the Small Business Adminis- 
15 USC 656 note, 
tration shall issue guidelines to implement the amendments made 
by this section. 
SEC. 5. SENSE OF THE SENATE REGARDING GOVERNMENT PROCURE-
MENT ACCESS FOR WOMEN-OWNED S
I
V
C
A
L
L BUSINESSES. 
(a) FINDINGS.—The Senate finds that— 
(1) women-owned small businesses are a powerful force 
in the economy; 
(2) between 1987 and 1996— 
(A) the number of women-owned small businesses in 
the United States increased by 78 percent, almost twice 
the rate of increase of all businesses in the United States; 
113 STAT. 1800 
PUBLIC LAW 106-165—DEC. 9, 1999 
(B) the number of women-owned small businesses 
increased in every State; 
(C) total sales by women-owned small businesses in 
the United States increased by 236 percent; 
(D) emplojmnent provided by women-owned 
small 
businesses in the United States increased by 183 percent; 
and 
(E) the rates of growth for women-owned small 
businesses in the United States for the fastest growing 
industries were— 
(i) 171 percent in construction; 
(ii) 157 percent in wholesale trade; 
(iii) 140 percent in transportation and communica-
tions; 
(iv) 130 percent in agriculture; and 
(v) 112 percent in manufacturing; 
(3) approximately 8,000,000 women-owned small businesses 
in the United States provide jobs for 15,500,000 individuals 
and generate almost $1,400,000,000,000 in sales each year; 
(4) the participation of women-owned small businesses in 
the United States in the procurement market of the Federal 
Government is limited; 
(5) the Federal Government is the largest purchaser of 
f
oods and services in the United States, spending more than 
200,000,000,000 each year; 
(6) the majority of Federal Government purchases are for 
items that cost $25,000 or less; and 
(7) the rate of Federal procurement for women-owned small 
businesses is 2.2 percent. 
(b) SENSE OF THE SENATE.—It is the sense of the Senate that, 
not later than 1 year after the date of enactment of this Act, 
the Comptroller General of the United States should— 
(1) conduct an audit of the Federal procurement system 
regarding Federal contracting involving women-owned small 
businesses for the 3 preceding fiscal years; 
(2) solicit from Federal employees involved in the Federal 
procurement system any suggestions regarding how to increase" 
the number of Federal contracts awarded to women-owned 
small businesses; and 
(3) submit to Congress a report on the results of that 
audit, which report shall include— 
(A) an analysis of any identified trends in Federal 
contracting with respect to women-owned small businesses; 
(B) any recommended means to increase the number 
of Federal contracts awarded to women-owned small 
businesses that the Comptroller General considers to be 
appropriate, after taking into consideration any suggestions 
received pursuant to a solicitation described in paragraph 
(2), including any such means that incorporate the concepts 
of teaming or partnering; and 
(C) a discussion of any barriers to the receipt of Federal 
contracts by women-owned small businesses and other 
small businesses that are created by legal or regulatory 
procurement requirements or practices. 
PUBLIC LAW 106-165—DEC. 9, 1999 
113 STAT. 1801 
SEC. 6. EFFECTIVE DATE. 
15 USC 656 note. 
This Act and the amendments made by this Act shall take 
effect on October 1, 1999. 
Approved December 9, 1999. 
LEGISLATIVE HISTORY—S. 791 (H.R. 1497): 
HOUSE REPORTS: No. 106-365 accompanying H.R. 1497 (Comm. on Small Busi-
n6ss 
SENATE REPORTS: No. 106-214 (Comm. on Small Business). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Nov. 5, considered and passed Senate. 
Nov. 18, considered and passed House.