[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2357 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2357

  To amend the Small Business Act to assist the development of small 
    business concerns owned and controlled by women, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 1993

   Mr. LaFalce (for himself, Ms. Kaptur, and Mrs. Meyers of Kansas) 
 introduced the following bill; which was referred to the Committee on 
                             Small Business

_______________________________________________________________________

                                 A BILL


 
  To amend the Small Business Act to assist the development of small 
    business concerns owned and controlled by women, and for other 
                               purposes.

    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 Procurement 
Assistance Act of 1993''.

SEC. 2. GOAL SETTING.

    Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is 
amended--
            (1) in paragraph (1) by inserting ``, small business 
        concerns owned and controlled by women,'' after ``small 
        business concerns'' the first place it appears in the first 
        sentence and the first place it appears in the fourth sentence;
            (2) in the first sentence of paragraph (2) by inserting 
        ``by small business concerns owned and controlled by women,'' 
        after ``small business concerns,'';
            (3) in the second sentence of paragraph (2) by inserting 
        ``, small business concerns owned and controlled by women,'' 
        after ``small business concerns'' the first place it appears; 
        and
            (4) in the fourth sentence of paragraph (2) by inserting 
        ``small business concerns owned and controlled by women and'' 
        after ``including participation by''.

SEC. 3. REPORTING.

    Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is 
amended--
            (1) by inserting ``, small business concerns owned and 
        controlled by women,'' after ``small business concerns'' the 
        first place it appears in paragraph (1), the first place it 
        appears in paragraph (2)(A), and the first place it appears in 
        paragraph (2)(D);
            (2) in paragraph (1) by inserting ``and subcontracts'' 
        after ``contracts'';
            (3) by adding at the end of paragraph (1) the following new 
        sentence: ``The Administration shall submit to the Committee on 
        Small Business of the Senate and the Committee on Small 
        Business of the House of Representatives information obtained 
        from such reports, together with appropriate comments.''; and
            (4) in paragraph (2)(F) by striking ``women-owned small 
        business enterprises'' and inserting ``small business concerns 
        owned and controlled by women''.

SEC. 4. SUBCONTRACTING.

    (a) Statement of Policy.--Section 8(d)(1) of the Small Business Act 
(15 U.S.C. 637(d)(1)) is amended--
            (1) in the first sentence by inserting ``small business 
        concerns owned and controlled by women,'' after ``small 
        business concerns,''; and
            (2) in the second sentence by inserting ``, small business 
        concerns owned and controlled by women,'' after ``small 
        business concerns'' the first place it appears.
    (b) Contract Clause.--The contract clause specified in section 
8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)) is amended as 
follows:
            (1) Subparagraph (A) of such clause is amended by inserting 
        ``, small business concerns owned and controlled by women,'' 
        after ``small business concerns'' the first place it appears in 
        the first sentence and the first place it appears in the second 
        sentence.
            (2) Subparagraph (C) of such clause is amended to read as 
        follows:
            ``(C)(i) As used in this contract, the term `small business 
        concern' means a small business concern as defined pursuant to 
        section 3 of the Small Business Act and relevant regulations 
        promulgated pursuant thereto.
            ``(ii) As used in this contract, the term `small business 
        concern owned and controlled by socially and economically 
        disadvantaged individuals' means a small business concern--
                    ``(I) which is at least 51 percent owned by one or 
                more socially and economically disadvantaged 
                individuals; or, in the case of any publicly owned 
                business, at least 51 percent of the stock of which is 
                owned by one or more socially and economically 
                disadvantaged individuals; and
                    ``(II) whose management and daily business 
                operations are controlled by one or more of such 
                individuals.
        The contractor shall presume that socially and economically 
        disadvantaged individuals include Black Americans, Hispanic 
        Americans, Native Americans, Asian Pacific Americans, and other 
        minorities, or any other individual found to be disadvantaged 
        by the Administration pursuant to section 8(a) of the Small 
        Business Act.
            ``(iii) As used in this contract, the term `small business 
        concern owned and controlled by women' means a small business 
        concern--
                    ``(I) which is at least 51 percent owned by one or 
                more women; or, in the case of any publicly owned 
                business, at least 51 percent of the stock of which is 
                owned by one or more women; and
                    ``(II) whose management and daily business 
                operations are controlled by such women.
        The contractor shall presume that women have been subjected to 
        gender based discrimination and may determine whether a small 
        business concern meets the percentage requirements under 
        subclause (I) without regard to the community property laws of 
        any jurisdiction.''.
    (c) Conforming Amendments.--Section 8(d) of the Small Business Act 
(15 U.S.C. 637(d)) is amended by inserting ``, small business concerns 
owned and controlled by women,'' after ``small business concerns'' the 
first place it appears in paragraphs (3)(D), (4)(D), (4)(E), (6)(A), 
(6)(C), (6)(F), (10)(B), and (11).
    (d) Exclusion.--No business concern shall be deemed eligible for 
any contract or other assistance pursuant to section 2323 of title 10, 
United States Code, due solely to the provisions of this section.

SEC. 5. WOMEN-IN-BUSINESS SPECIALISTS.

    Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is 
amended--
            (1) by inserting ``(1)'' after ``(k)'';
            (2) by redesignating paragraphs (1), (2), (3), (4), (5), 
        (6), (7), (8), and (9) as subparagraphs (A), (B), (C), (D), 
        (E), (F), (G), (H), and (I), respectively;
            (3) by striking ``and'' at the end of subparagraph (H) (as 
        redesignated);
            (4) in subparagraph (I) (as redesignated), by striking out 
        the period after ``Code'' and all that follows through ``shall 
        be made'' and inserting in lieu thereof a comma, and by 
        striking the period after ``contract file'' and inserting ``, 
        and'';
            (5) by inserting after subparagraph (I) (as redesignated) 
        the following new subparagraph:
            ``(J) subject to paragraph (2)(A), designate an employee of 
        such office to be a women-in-business specialist responsible 
        for the implementation and execution of programs designed to 
        assist small business concerns owned and controlled by 
        women.'';
            (6) by designating the last sentence as paragraph (2); and
            (7) by adding at the end the following new paragraph:
    ``(3)(A) The Director of Small and Disadvantaged Business 
Utilization in a Federal agency shall ensure that the women-in-business 
specialist designated pursuant to paragraph (1)(J) has sufficient 
knowledge of small business concerns owned and controlled by women and 
the Federal procurement process, other appropriate qualifications, and 
appropriate training from the Office of Women's Business Ownership to 
effectively carry out the specialist's responsibilities under this Act.
    ``(B) Each women-in-business specialist designated pursuant to 
paragraph (1)(J) in a Federal agency shall work full time to initiate 
and execute programs to assist small business concerns owned and 
controlled by women in participating in the performance of contracts 
let by the agency. The specialist shall--
            ``(i) respond to requests from small business concerns 
        owned and controlled by women;
            ``(ii) identify and solicit offers from small business 
        concerns owned and controlled by women, as required under 
        section 15(p) of this Act, through means such as sending 
        solicitation packages to such concerns for each proposed 
        contract for which such concerns may be eligible to compete and 
        holding workshops on procurement for such concerns; and
            ``(iii) regularly monitor the agency's progress toward 
        meeting the annual goal established under subsection (g) for 
        participation by small business concerns owned and controlled 
        by women.''.

SEC. 6. OUTREACH.

    Section 15 the Small Business Act (15 U.S.C. 644) is amended by 
adding at the end the following new subsection:
    ``(p) Each Federal agency having procurement powers shall engage in 
affirmative efforts to identify and solicit offers from small business 
concerns owned and controlled by women and the small business concerns 
owned and controlled by socially and economically disadvantaged 
individuals. To the maximum extent practicable, a representative number 
of such concerns shall receive solicitation packages for each proposed 
acquisition for which such concerns may be eligible to compete.''.

SEC. 7. ESTABLISHMENT OF THE OFFICE OF WOMEN'S BUSINESS OWNERSHIP.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding 
at the end the following new section:

``SEC. 28. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.

    ``(a) Establishment.--There is established in the Small Business 
Administration the Office of Women's Business Ownership (hereinafter in 
this section referred to as the `Office').
    ``(b) Director.--The Director of the Office (hereinafter in this 
section referred to as the `Director') shall be appointed by the 
Administrator not later than sixty days after the date of the enactment 
of this section.
    ``(c) Functions.--The Director shall perform the following 
functions:
            ``(1) Promote, coordinate, and monitor the plans, programs, 
        and operations of Federal departments and agencies which may 
        contribute to the establishment, preservation, and 
        strengthening of small business concerns owned and controlled 
        by women. The Director may, as appropriate, develop 
        comprehensive interagency plans and specific program goals for 
        small business concerns owned and controlled by women with the 
        cooperation of the departments and agencies.
            ``(2) Establish policies, definitions, procedures, and 
        guidelines to govern the implementation, interpretation, and 
        application of this section, and generally perform such 
        functions and take such steps as the Director may consider to 
        be necessary or appropriate to carry out this section.
            ``(3) Promote the mobilization of activities and resources 
        of State and local governments, business and trade 
        associations, private industry, colleges and universities, 
        foundations, professional organizations, and volunteer and 
        other groups toward the growth of small business concerns owned 
        and controlled by women, and facilitate the coordination of the 
        efforts of such groups with those of Federal departments and 
        agencies.
            ``(4) Make an annual assessment of the progress made in the 
        Federal Government toward assisting small business concerns 
        owned and controlled by women to enter the mainstream of 
        business ownership and provide recommendations for future 
        actions to the Administrator.
            ``(5) Convene and consult (as necessary) with persons 
        inside and outside government to develop and promote new ideas 
        concerning the development of small business concerns owned and 
        controlled by women.
            ``(6) Consider the findings and recommendations of 
        government and private sector investigations and studies of the 
        problems of women entrepreneurs, and promote further research 
        into such problems.
            ``(7) Monitor the contracting and subcontracting 
        performance of each department, agency, and business enterprise 
        participating under this section.
            ``(8) Promote access and participation for small business 
        concerns owned and controlled by women to a fair proportion of 
        the broad array of purchases and contracts for property and 
        services for the Federal Government.
            ``(9) Provide training as needed to women-in-business 
        specialists designated pursuant to section 15(k)(1)(J) to carry 
        out their responsibilities under this Act.''.

SEC. 8. GENERAL ACCOUNTING OFFICE REPORT.

    (a) Report Requirement.--Not later than 3 years after the date of 
the enactment of this Act, the Comptroller General shall submit to 
Congress a report comparing the number of small business concerns owned 
and controlled by women procuring Federal contracts during the year 
preceding the date of the enactment of this Act with the number of such 
businesses during each of the 3 years occurring after such date. If the 
number of such businesses did not increase significantly by the end of 
the 3-year period beginning on the date of the enactment of this Act, 
the Comptroller General shall include in the report recommendations on 
actions that could be taken to increase the number.
    (b) Sense of Congress.--If the report required under subsection (a) 
shows that the number of small business concerns owned and controlled 
by women did not increase significantly by the end of the 3-year period 
beginning on the date of the enactment of this Act, it is the sense of 
Congress that further legislative steps should be taken to ensure that 
the number of Federal contracts entered into with small business 
concerns owned and controlled by women realistically reflects the 
potential of such business concerns to perform Federal contracting and 
subcontracting work.

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